Mark Alan Bradford v. Kevin Chappelle

United States District Court for the Central District of California

Mark Alan Bradford v. Kevin Chappelle

Trial Court Opinion

1 CUAUHTEMOC ORTEGA (Bar No. 257443) Federal Public Defender 2 K. ELIZABETH DAHLSTROM (Bar No. 228552) (E-mail: [email protected]) 3 DEVON PORTER (Bar No. 308365) (E-Mail: [email protected]) 4 Deputy Federal Public Defenders 321 East 2nd Street 5 Los Angeles, California 90012-4202 Telephone: (213) 894-7531 6 Facsimile: (213) 894-0081 Attorneys for Petitioner 7 ROB BONTA 8 Attorney General of California LANCE E. WINTERS 9 Chief Assistant Attorney General JAMES WILLIAM BILDERBACK II 10 Senior Assistant Attorney General DANA MUHAMMAD ALI 11 Supervising Deputy Attorney General XIOMARA COSTELLO 12 Deputy Attorney General State Bar No. 187691 13 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 14 Telephone: (213) 269-6098 Fax: (916) 731-1122 15 E-mail: [email protected] Attorneys for Respondent 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 WESTERN DIVISION 19

20 MARK ALAN BRADFORD, No. CV 97-6221 TJH 21 Petitioner, DEATH PENALTY CASE 22 v. AMENDED JOINT JUDGMENT [243] 23 RON BROOMFIELD, Acting 24 Warden, California State Prison at 25 San Quentin,

26 Respondent.

27 1 The Court, having previously granted Petitioner Mark Alan Bradford’s First Amended 2 Petition for Habeas Relief as to Claims 4, 8(A), and 8(B) (see Dkt. No. 241 at 47), 3 enters Judgment as follows: 4 5 It is Ordered, Adjudged and Decreed that the First Amended Petition be, and hereby is, 6 Granted in part and Denied in part, as follows: 7 8 1. Insofar as the First Amended Petition challenges the judgment of conviction for 9 first degree murder and the special circumstance finding in the case of The 10 People of the State of California v. Mark Alan Bradford, Case No. A820582, in 11 the Superior Court for Los Angeles County, the First Amended Petition is hereby 12 GRANTED. 13 2. Insofar as the First Amended Petition challenges the judgment of conviction for 14 rape and sodomy1 in the case of The People of the State of California v. Mark 15 Alan Bradford, Case No. A820582, in the Superior Court for Los Angeles 16 County, the First Amended Petition is hereby DENIED. 17 18 It is further Ordered, Adjudged and Decreed that Claims 8(C), 8(D), 8(E), 8(F), and 19 8(G) in the First Amended Petition for Habeas Relief are DISMISSED as moot. 20 21 It is further Ordered that the State of California shall, within 120 days from the entry of 22 this Judgment, either: (1) Grant Petitioner a new trial on the murder or the murder with 23 a special circumstance allegation or (2) Re-sentence Petitioner in accordance with this 24 Judgment, California law and the United States Constitution. Within 130 days of this 25 26 27 1 Petitioner’s conviction and sentence for first degree robbery were reversed by the California Supreme Court on appeal. People v. Bradford,

14 Cal. 4th 1005

, 1057 1 Judgment, Respondent shall file a Notice of Compliance reporting the manner in which 2 the State has complied with this Judgment. 3 4 This Judgment shall be stayed pending any appeal to the Ninth Circuit Court of 5 Appeals by Respondent until issuance of the Ninth Circuit’s mandate. If Respondent 6 does not appeal, then the stay shall be lifted on the day after the time to appeal has 7 expired. 8 9 It is further Ordered that the Clerk of Court shall enter judgment, and shall immediately 10 notify the warden of this Judgment. 11 12 13 Date: MAY 24, 2023 _____________________________________ 14 HON. Terry J. Hatter, Jr. United States District Judge 15 16 CC:DPLC, BOP 17 18 19 20 21 22 23 24 25 26 27

Reference

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