Oakes
Josef R. Oakes v. Stephen Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEF R. OAKES, Case No. 25-cv-03509-EKL
Petitioner,
ORDER TO SHOW CAUSE
v.
STEPHEN SMITH, Respondent.
12 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Santa Clara County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). He paid the filing fee on November 5, 2025. I. BACKGROUND A jury found petitioner guilty of murder, participation in a criminal street gang, and other crimes. People v. Cruz, No. H047687, H047386, 2024 WL 4579257, at *1 (Cal. Ct. App. Oct. 25, 2024). Petitioner was sentenced to a prison term of life without the possibility of parole, “consecutive to 25 years to life, consecutive to 2 years.” Id. at *5. The California Court of Appeal reversed the convictions for gang participation, gang-related special circumstances, and gang-related enhancements, but otherwise affirmed the conviction finding that there was no error…