Jennings

This appeal and petition for writ of habeas corpus arise from a series of incidents in which appellant Arthur Ray Jennings committed acts of domestic violence against victim Katherine T. A jury convicted appellant of felony assault and aggravated assault by means of force likely to produce great bodily injury, as well as the two misdemeanors of dissuading a victim by force or threat and making threatening telephone calls.

On his direct appeal, appellant contends we must reverse his conviction because of (1) the alleged unconstitutionality of Evidence Code section 1109, pursuant to which the trial court admitted three prior incidents of domestic violence by appellant against the victim; (2) the trial court’s failure to give a limiting instruction on the prior domestic violence evidence; and (3) alleged ineffective assistance of counsel in his trial attorney’s failure to request such a limiting instruction. On his writ petition for collateral relief, appellant asks this court to issue a writ of habeas corpus vacating the judgment of conviction on the grounds (4) he received ineffective assistance of counsel because of his trial attorney’s failure to subpoena a police…