1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 WILLIE BRANNER, 7 Case No. 90-cv-03219-JD Petitioner, 8 v. JUDGMENT 9 RON BROOMFIELD’, Warden, San 10 Quentin State Prison 11 Respondent. a 12

13 Pursuant to the parties’ stipulation of December 14, 2023 (Dkt. No. 384), and Rule 58 of

v 14 || the Federal Rules of Civil Procedure, Claim 19 in petitioner’s amended petition for a writ of © 15 || habeas corpus (Dkt. No. 177), is granted. Claim 19 and the supporting evidence establish a A 16 violation of petitioner’s constitutional rights under Batson v. Kentucky,

(1986). All

3 17 || other claims in petitioner’s amended petition are dismissed without prejudice. 18 Petitioner’s conviction and sentence of death are consequently vacated, and judgment is 19 entered in favor of petitioner and against respondent. The State of California shall either || Commence proceedings to retry petitioner in compliance with California state law and the United States Constitution within 90 days of the date of this Order, or release petitioner. IT IS SO ORDERED.

23 Dated: December 21, 2023 24 25 JAMES PSNATO 26 United tates District Judge 27 ' As warden of the California State Prison at San Quentin, Warden Broomfield is substituted as 2g || tespondent for his predecessor in that position, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.