Hall

Hall v. Sumner

Good Law
512 F. Supp. 1014·1981 U.S. Dist. LEXIS 11952
United States District Court, Northern District of CaliforniaApril 21, 1981C-79-1797 SWCalifornia1,306 words

Opinion

Opinion

Williams, J.

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner, Preston Hall, is before this court in forma pauperis and in pro per seeking relief pursuant to 28 U.S.C. § 2254 (b)(c). He claims he was denied effective assistance of counsel at trial. In support of this petition, petitioner alleges ten specific errors or omissions of his defense counsel. Respondent contends that on eight of the claims, petitioner has failed to exhaust remedies available in the state courts and thus his petition cannot be considered in this court. On the remaining two claims, the State admits exhaustion but argues the claims lack merit. The court finds petitioner has exhausted his state remedies and considers his petition on the merits. However, his claims of ineffective assistance of counsel are rejected.

FACTUAL BACKGROUND

In early December, 1974, petitioner allegedly kidnapped and assaulted Shirley Wilson, petitioner’s long-time girlfriend. She subsequently brought charges against him. In January, 1975, petitioner was charged with intimidation of a witness— Shirley Wilson. In March, 1975, petitioner was charged with a second assault on Shirley Wilson, which allegedly occurred on January 29,…

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