King
King v. Evans
Opinion
Opinion
Illston, J.
ORDER GRANTING SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS
On April 8, 2009, the Court conducted an evidentiary hearing on James Edward King’s second amended petition for a writ of habeas corpus. Having considered the arguments of the parties, the papers submitted, the evidence presented at the hearing, and for good cause shown, the petition is GRANTED.
BACKGROUND
1. Procedural Background
Following a jury trial in Monterey County Superior Court in 1997, petitioner was convicted of three counts of aggravated sexual assault of a child and one count of committing a lewd act upon a child, and was sentenced to 35 years to life in prison. His conviction was affirmed by the California Court of Appeal on March 25, 1999. On June 3, 1999, the California Supreme Court denied his petition for review. Petitioner filed a petition for habeas corpus, which the California Court of Appeal summarily denied on December 30, 1998. The California Supreme Court summarily denied his petition for review on March 24, 1999.
In 2000, petitioner filed a “mixed” federal petition for habeas corpus containing unexhausted claims relating to ineffective assistance of counsel. In 2001, this Court…