Nakashima

Nakashima v. Kane

Good Law
628 F. Supp. 2d 1093·2008 WL 1808445·2008 U.S. Dist. LEXIS 109343
United States District Court, Northern District of CaliforniaApril 22, 2008C 05-4230 WHA (PR)California2,594 words

Opinion

Opinion

Alsup, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. § 2254. The petition is directed to denial of parole.

The court ordered respondent to show cause why the writ should not be granted. Respondent has filed an answer and a memorandum of points and authorities in support of it, and has lodged exhibits with the court. Petitioner has responded with a traverse. For the reasons set forth below, the petition is Denied.

STATEMENT

In 1986 petitioner ■ pled guilty in Los Angeles County Superior Court to second degree murder. He received a sentence of fifteen years to life in prison. In 2003 he was denied parole for the sixth time; it is that parole decision he challenges here. He alleges that he has exhausted these claims by way of state habeas petitions.

DISCUSSION

A. Standard op review

A district court may not grant a petition challenging a state conviction or sentence on the basis of a claim that was reviewed on the merits in state court unless the state court’s adjudication of the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.