Duvardo

Duvardo v. Giurbino

Good Law
649 F. Supp. 2d 980·2009 WL 33322·2009 U.S. Dist. LEXIS 1617
United States District Court, Northern District of CaliforniaJanuary 6, 2009C 05-5428 MHP (pr)California15,112 words

Opinion

Opinion

Patel, J.

ORDER DENYING HABEAS PETITION

INTRODUCTION

Petitioner Jeffrey Duvardo filed this pro se action seeking a writ of habeas corpus under 28 U.S.C. § 2254 . The matter is now before the court for consideration of the merits of the amended petition. For the reasons discussed below, the amended petition will be denied.

BACKGROUND

A. The Crimes

Petitioner challenges his conviction for murdering his parents. The California Court of Appeal gave a very lengthy description of the circumstantial evidence, Cal. Ct.App. Opinion, pp. 1-19, which this court only summarizes briefly here, although much of the evidence is discussed later as it relates to the various claims asserted by Petitioner.

Petitioner lived in the city of Valencia, north of Los Angeles. His parents, Mary Ann and Donald Duvardo, lived in the town of Nice in Lake County, California. (First names are used for clarity because many of the people involved have the same last name.) Mary Ann and Donald were murdered in their home. Donald had been stabbed about 15 times in the chest. Mary Ann had been stabbed and slashed several times, had her carotid artery or jugular vein slit, and had been hit in the eye. Their bodies were…

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