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SONS v. SUPERIOR COURT

No. F044541.

22 Cal.Rptr.3d 647 (2004)

125 Cal.App.4th 110

Bruce Lynn SONS, Petitioner, v. The SUPERIOR COURT of Kern County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fifth District.

Review Denied March 30, 2005.

Attorney(s) appearing for the Case

Sullivan & Cromwell, Robert A. Sacks, Michael H. Steinberg, Los Angeles, Wendy P. Harper, Palo Alto, Justin P. Gurvitz, Los Angeles; and Michael E. Dellostritto, Bakersfield, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McLean and David A. Rhodes, Deputy Attorneys General, for Real Party in Interest.

OPINION

VARTABEDIAN, Acting P.J.

Bruce Lynn Sons seeks a writ of prohibition to prevent retrial of murder charges against him after his federal habeas corpus petition succeeded in vacating his conviction based on the stipulation Sons had been denied his constitutional right to a fair trial. Petitioner Sons contends that, because the prosecutor knowingly failed to disclose material exculpatory evidence in the first trial, retrial is barred by the double jeopardy...

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