Warden

(HC) Love v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMay 23, 20252:22-cv-01963California8,028 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAEVON JAMELL LOVE, Case No. 2:22-cv-1963-DC-JDP (P) Petitioner, v. ORDER; FINDINGS AND

RECOMMENDATIONS

WARDEN,

Respondent. 16 17 Petitioner Daevon Love, a state prisoner proceeding pro se, seeks a writ of habeas corpus under 28 U.S.C. § 2254, raising four substantive claims: (1) ineffective assistance of trial counsel for failing to obtain an independent evaluation of the gunshot residue evidence; (2) prosecutorial misconduct for presenting inconsistent theories to the jury about the shooter’s identity; (3) prosecutorial misconduct for presenting allegedly false testimony to the jury; and (4) ineffective assistance of appellate counsel for failing to raise certain claims in his direct appeal. ECF No. 1. Respondent has filed an answer, ECF No. 11. Petitioner has filed a traverse, ECF No. 19, and a motion to enforce a prior order, ECF No. 30. After reviewing the 26 1 Petitioner also argues that the state trial court erred in…

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