Dannenberg

ORDER TO SHOW CAUSE

Petitioner John E. Dannenberg filed a petition for habeas corpus relief with this Court on April 6, 1992. Although concurrent jurisdiction to address a petition for writ of habeas corpus exists in both the district of incarceration and in the district of conviction, 28 U.S.C. § 2241 (d), traditionally, California federal courts hear petitions for a writ of habeas corpus in the district of conviction. See Laue v. Nelson, 279 F.Supp. 265 (N.D.Cal.1968). Venue is proper in this dis trict and in San Jose under Local Rule 105-2(b) as the conviction was obtained in Santa Clara County.

I. BACKGROUND

Petitioner was convicted in 1986 for the second degree murder of his wife, and sentenced to 15 years to life. Petitioner appealed his conviction to the California Court of Appeal, which affirmed in a lengthy written opinion. A petition for review to the California Supreme Court was denied, as was a petition for certiorari to the U.S. Supreme Court. An initial limited petition for habeas corpus to the California Supreme Court was also denied. Petitioner then sought habeas relief from the Santa Clara County Superior Court, which denied relief with a written opinion. The…