Spikes

I. Background

23 The parties appear to agree the original petition constructively was filed on November 10, 24 2022. See Dkt. Nos. 16, 21. This action was closed for failure to prosecute, Dkt. No. 6, then 25 reopened several months later when Mr. Spikes filed an Amended Petition, Dkt. No. 10. The 26 Amended Petition added two new claims and modified two claims that had been included in the 27 original petition. Compare Dkt No. 1 with Dkt. No. 10.1 The Court found the Amended Petition cognizable and ordered Respondent to address the following claims: (1) Petitioner’s first-degree murder conviction is not supported by sufficient evidence of deliberation and premeditation; (2) the state court erred in excluding evidence of third-party culpability, in violation of Petitioner’s rights to due process and to present a complete defense; (3) the state court erred in admitting other crimes evidence; (4) the prosecutor committed misconduct when the prosecutor elicited inadmissible evidence of Petitioner’s prior violence against prostitutes and argued an …