PEOPLE v. NESBITT Part-II
This case is closer to the recent decision in Jackson v. Superior Court (2010) 189 Cal.App.4th 1051 (Jackson). In that case, the defendant was sentenced following judgments of conviction on two felony counts. (Id. p. 1056.) The defendant thereafter filed a petition for a writ of habeas corpus in the Court of Appeal contending that he was entitled to a new trial because the prosecutor had failed to disclose certain evidence in violation of Brady v. Maryland (1963) 373 U.S. 83. (Ibid.) The Court of Appeal issued an order to show cause returnable in the trial court why the defendant was not entitled to the relief requested. (Ibid.) In response, the trial court issued an order granting the habeas corpus petition without specifying the relief to which the defendant was entitled. (Ibid.) The prosecution filed a motion for reconsideration arguing that additional facts had come to light. (Ibid.) The trial court granted that motion and vacated its previous order granting the habeas corpus petition. (Ibid.)
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