(HC)Linville

(HC)Linville v. Matteson

Good Law
United States District Court, Eastern District of CaliforniaNovember 19, 20242:22-cv-00057California4,628 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN LINVILLE, No. 2:22-cv-0057 DJC AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS GISELLE MATTESON, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition challenging petitioner’s 2017 conviction and sentence for voluntary manslaughter and assault with a firearm. ECF No. 7. Respondent has answered, ECF No. 20, and petitioner has filed a traverse, ECF No. 24. BACKGROUND I. Proceedings in the Trial Court A. Overview Petitioner was originally charged by felony complaint in Siskiyou County with murder. After the preliminary hearing, the complaint was replaced by an information alleging two counts: murder and assault with a firearm. Firearm enhancements were alleged as to both counts. Petitioner later pled no contest to both counts…

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