Johnny Baca v. Derral Adams ( 2015 )

FILED FOR PUBLICATION JAN 30 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOHNNY BACA, No. 13-56132 Petitioner - Appellant, D.C. No. 5:08-cv-00683-MMM- PJW v. DERRAL ADAMS, ORDER Respondent - Appellee. Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Argued and Submission Deferred January 8, 2015 Pasadena, California Resubmitted January 30, 2015 Before: KOZINSKI, WARDLAW, and W. FLETCHER, Circuit Judges. Respondent’s unopposed motion to summarily reverse the district court’s judgment is hereby GRANTED. The judgment below is REVERSED. The district court is directed to enter an order granting a conditional writ of habeas corpus, releasing Baca from custody -1- unless the state of California retries him within a reasonable period of time. REVERSED and REMANDED. The mandate shall issue forthwith. -2- COUNSEL Patrick J. Hennessey, Jr. (argued), Law Office of Patrick Hennessey, San Diego, CA, for Petitioner-Appellant David Delgado-Rucci, Kevin Vienna (argued), Office of the California Attorney General, San Diego, CA, for Respondent-Appellee -3-