In re Douglas, 200 Cal.App.4th 236, 132 Cal.Rptr.3d 582, 589 (4th Dist. Oct. 27, 2011) (The Supreme Court has recognized that when a habeas petitioner succeeds in obtaining a new trial, the erosion of memory and dispersion of witnesses that occur with the passage of time, [citation], prejudice the government and diminish the chances of a reliable criminal adjudication.); quoting McCleskey v. Zant (1991) 499 U.S. 467, 491.