United States District Court, N.D. California
October 5, 2005.
ANTHONY HOLGUIN, Plaintiff,
MICHAEL HARRISON, in his capacity as Warden of the California State Prison, Los Angeles County, in Lancaster, Defendant.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
By Order dated September 16, 2005, the Court granted the
petition for habeas corpus on the ground that petitioner's
Miranda rights were violated and that such error was not
harmless. The State has advised the Court in writing that
petitioner may move to suppress his statements made after he
was read his Miranda rights if the State retries him.
Accordingly, the Court DISMISSES petitioner's claims for
ineffective assistance of counsel as moot.
IT IS SO ORDERED.
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