Gamboa
(HC) Molina Jr. v. Gamboa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN MOLINA, JR., ) Case No.: 1:21-cv-00215-JLT-HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PETITION v. ) FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE M. GAMBOA, ) CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Docs. 1, 24) ) Juan Molina, Jr. is a state prisoner proceeding with his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his judgment of conviction entered by the Kern County Superior Court Case No. BF159213A for second degree murder and destruction or concealment of evidence. (Doc. 1.) Petitioner raises the following grounds for relief: (1) failure to disclose favorable evidence by the state, (2) prosecutorial misconduct through the introduction of perjured testimony, (3) ineffective assistance of counsel; and (4) insufficient evidence of malice 23 …