Becker

Becker v. Martel

Good Law
789 F. Supp. 2d 1235·2011 WL 1630816·2011 U.S. Dist. LEXIS 46212
United States District Court, Southern District of CaliforniaApril 29, 2011Civil 10cv1209 (AJB)California5,219 words

Opinion

Opinion

Battaglia, J.

ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS

Petitioner Joseph Becker (hereinafter “Petitioner”), a state prisoner proceeding pro se and in forma pauperis, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . On October 22, 2010, Respondent filed an answer. Petitioner filed a traverse on November 11, 2010. This Court has reviewed the petition for writ of habeas corpus, Respondent’s answer, Petitioner’s traverse, and all supporting documents. After a thorough review, this Court GRANTS IN PART AND DENIES IN PART the petition for writ of habeas corpus.

Procedural Background

A. Conviction and Sentence

On October 21, 2004, Petitioner was arraigned on a forty-one count complaint. (1 CT 41-57; Pet., Ex. 2.) On December 21, 2004, Petitioner was arraigned on an amended fifty-three count complaint after the district attorney added eleven counts of attempting to prevent and dissuade a witness from testifying and one count of making a criminal threat. (1 CT 21-40; Pet., Ex. 3.) On March 9, 2005, Petitioner was arraigned on a forty-eight count information. (1 CT 41-57; Pet., Ex. 4.) The information mostly set forth the allegations in…

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