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HOLGUIN v. HARRISON

October 5, 2005.

ANTHONY HOLGUIN, Plaintiff,
v.
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

ORDER

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.

20051005

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