Adams

ORDER OF SERVICE OF PROCESS, ORDER TO FILE RETURN, AND ORDER OF DISMISSAL OF CLAIM

Petitioner, in state custody at the Correctional Training Facility North, Soledad, California, has filed a petition for a writ of habeas corpus on the basis of two claims: (1) that the failure of arresting officers to give petitioner a blood test was a knowing suppression of evidence and, as such, a denial of due process; and (2) that prosecutorial misconduct during his trial was also a denial of due process.

Petitioner alleges that he was convicted of voluntary manslaughter under Cal. Penal Code § 192 , subd. 1. He alleges that he appealed to the state court of appeal, which affirmed his conviction. The California Supreme Court denied him a hearing. Petitioner’s petition for a writ of certiorari from the United States Supreme Court was denied. Adams v. California, 415 U.S. 950 , 94 S.Ct. 1473 , 39 L.Ed.2d 566 (1974). Petitioner has adequately alleged exhaustion of state remedies.

I. Suppression of Evidence

Petitioner alleges that when he was arrested and booked for first degree murder the arresting officers failed to give him a blood or sobriety test. He contends that he requested the test. He…