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No. 08-195 In The Supreme Court of the United States -----------------------------------------------------------------COUNTY OF ORANGE, Petitioner, vs. FRED PIERCE, TIMOTHY LEE CONN, FERMI VALENZUELA,
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AND EXHIBITS -----------------------------------------------------------------Clerk's Papers At The Office Of The Clerk -----------------------------------------------------------------Responses to Petition For Writ Of Certiorari (With Attachment) No. 08-220, p. 1 -----------------------------------------------------------------Petition To Vacate The Judgment Affirming The Order Affirming A Judgment (With Attachment) No. 02-1453, p. 3 -----------------------------------------------------------------Signed This 3rd day Of April 1992. (T) ------------------------------------------------------------------------------ ____________________________ THE APPELLATE OF THE UNITED STATES OF AMERICA, the STATE OF SESSION, AND THE STATE OF ORANGE, Respondents. [Signed.] The Honorable Paul C. Russell, Judge Of The United States Court of Appeals, Southern District of New York, New York, September 9, 1991. [Briefs of amici curiae urging affiance filed.) [Responses thereto filed.] [Signed.] Dated: September 9, 1991. [] The opinion of the court was delivered by: J. Thomas Quinn, Jr., C. J., with whom is joined the Honorable John J. Gibbons, Jr., Senior Deputy Solicitor General, Thomas B. Copper, Senior Assistant Attorney General, George L. Killing, Deputy Attorney General, George L. Radar, Assistant Attorney General, William L. Brendan, Senior Associate Solicitor General, and John P. Michelle, Solicitor General. [] _______ [HOLD REVIEW.] [] Mr. Chief Justice Taney delivered the opinion of the court. This is an appeal from a judgment of dismissal for failure to prosecute for violation of California penal code sections 645645 186.23[6], 645.4, 645.5, 646, and 647a. It was the jury's verdict of “Not Guilty” for the alleged offense of voluntary manslaughter in violation of a San Diego law against self-defense resulting in the death of the defendant's mother. The trial court denied defendant's motion for a new trial based on the sufficiency of the evidence to support his conviction. The California Court of Appeal affirmed the judgment of dismissal, and granted defendant's application for a stay so that the jury could determine whether the law was applicable to the prosecution of defendant.

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