Martin

Martin v. Marshall

Good Law
431 F. Supp. 2d 1038·2006 WL 1344584·2006 U.S. Dist. LEXIS 31783
United States District Court, Northern District of CaliforniaMay 17, 2006C 05-3486 MHPCalifornia5,232 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Petition for Writ of Habeas Corpus

Eulogio Martin, an inmate at the California Men’s Colony in San Luis Obispo, California, filed this action seeking a writ of habeas corpus pursuant to 28 U.S.C. section 2254 . His petition is now before the court for review pursuant to 28 U.S.C. section 2243 and Rule 4 of the Rules Governing Section 2254 Cases. Having considered the arguments presented and for the reasons stated below, the court enters the following memorandum and order.

BACKGROUND

Petitioner was convicted of second-degree murder in connection with a shooting that took place on November 15, 1979 in San Francisco. The facts surrounding petitioner’s crime are largely undisputed, and are set forth in petitioner’s Life Prisoner Evaluation (Pet.’s Exh. E). One of the victims, Walter Acosta, had a prior relationship with petitioner relating to the sale of drugs. Acosta was well known in his neighborhood as a drug dealer with a penchant for violence. Petitioner owed Acosta money for drugs and for damage to a car petitioner had borrowed. Petitioner claims that Acosta had threatened and harassed him in the weeks leading up to the shooting.

On November 15, 1979,…

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