Yates
(HC) Brown v. Yates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD DON BROWN, No. 2:05-cv-1195 DAD CSK P Petitioner, v. FINDINGS AND RECOMMENDATIONS B. CATES, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis. This action seeking habeas relief under 28 U.S.C. § 2254 was closed on March 31, 2009. Petitioner’s motion for a new state court trial, filed on August 12, 2024, is before the Court. As discussed below, the Court recommends that the motion be denied. I. BACKGROUND On June 15, 2005, petitioner filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenged his 2001 conviction in the Butte County Superior Court. (ECF No. 1.) Through counsel, petitioner entered a dual plea of not guilty and not guilty by reason of insanity to the charges set forth in an amended information. (ECF No. 21 at 1.) On April 11, 2002, petitioner withdrew his previously entered plea and entered pleas of no contest…