Ayers

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS; FINDINGS OF FACT AND CONCLUSIONS OF LAW

Adrian K. Mitchell (“petitioner”), a California prisoner proceeding pro se, filed this habeas corpus petition pursuant to 28 U.S.C. § 2254 . After the petition was dismissed with leave to amend, petitioner filed an amended petition containing five cognizable claims for relief. The Court ordered respondent to show cause why the petition should not be granted. Respondent filed an answer supported by a memorandum and exhibits, contending that the petition should be denied, and petitioner filed a traverse.

On November 21, 2002, the Court ordered an evidentiary hearing to resolve petitioner’s claim that his Sixth Amendment right to the effective assistance of counsel was violated insofar as counsel failed to investigate and call Charles Mitchell, as a witness. An evidentiary hearing was held on March 1, 2004 and the matter was argued on March 2, 2004. Petitioner was represented by counsel at both proceedings. At the hearing, petitioner presented the testimony of six witnesses, including himself, and numerous exhibits were entered into evidence. The parties also filed a number of stipulations…