UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 8, 2010
MATTHEW R. WATTS, PETITIONER,
JAMES A. YATES, RESPONDENT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO REMAND FROM THE NINTH CIRCUIT COURT OF APPEALS [Doc. 30]
On November 8, 2007, the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 was denied on the merits and judgment was entered in favor of Respondent.*fn1
Petitioner filed a notice of appeal on December 4, 2007.
On July 15, 2010, the Ninth Circuit Court of Appeals reversed the judgment finding that the trial court's failure to hold a new competency hearing violated Petitioner's due process rights, and the state court's decision was based on an unreasonable determination of the facts in light of the evidence. 28 U.S.C. § 2254(d)(2). The Court remanded the action back to this Court with instructions to grant the petition and direct the State to provide Petitioner with a new trial, giving due attention to his competence to stand trial.
Pursuant to the Ninth Circuit's opinion, the instant petition for writ of habeas corpus is GRANTED; and the State shall initiate retrial proceedings within sixty (60) days from the date of service of this order, or if the State elects not to retry Petitioner, it must release him immediately.
IT IS SO ORDERED.