Carpenter

Carpenter v. Ayers

Good Law

548 F. Supp. 2d 736·2008 WL 667395·2008 U.S. Dist. LEXIS 30802

United States District Court, Northern District of CaliforniaMarch 5, 2008C 98-2444 MJJCalifornia10,226 words

Opinion

Jenkins, J.

ORDER

Introduction

The instant case arises from petitioner’s conviction and death sentence for the first degree murders of Ellen Hansen and Heather Scaggs, the attempted murder of Steven Haertle, the attempted rape of Hansen, and the rape of Scaggs. See People v. Carpenter, 15 Cal.4th 312 , 63 Cal.Rptr.2d 1 , 935 P.2d 708 (1997). The crimes were committed in Santa Cruz County, but following a change of venue, the case was tried in Los Angeles County. The California Supreme Court affirmed petitioner’s conviction and sentence on direct appeal on April 28, 1997. Id. Petitioner’s subsequent certiorari petition to the United States Supreme Court was denied on January 20, 1998. See Carpenter v. California, 522 U.S. 1078 , 118 S.Ct. 858 , 139 L.Ed.2d 757 (1998).

Petitioner filed his first state habeas petition on December 24, 1996; it was denied by the California Supreme Court on May 27,1998. Prior to the denial of his state habeas petition, petitioner filed in the United States District Court for the Central District of California a request for the appointment of federal habeas counsel and a motion for change of venue. Petitioner’s change of venue motion was granted on June 12, 1998,…

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Parties

David J. CARPENTER
Plaintiff
Robert L. AYERS, Jr., Acting Warden of California State Prison at San Quentin
Defendant

Judges

Jenkins

Cites (61)

15 Cal. 4th 312
522 U.S. 1078
502 U.S. 62
497 U.S. 764
926 F.2d 918
800 F.2d 1463
97 S. Ct. 1730
477 U.S. 168
66 F.3d 199
24 F.3d 20
915 F.2d 418
501 U.S. 722
244 F.3d 702
463 U.S. 1032
202 F.3d 1146
470 U.S. 68
96 F.3d 1126
380 U.S. 415
125 F.3d 757
322 F.3d 573
526 U.S. 838
15 Cal. 4th 1133
27 Cal. 3d 1
433 U.S. 72
166 F.3d 953
59 F.3d 815
658 F.2d 667
29 Cal. 2d 321
38 Cal. 3d 711
34 Cal. 3d 858
45 Cal. 3d 306
46 Cal. 3d 749
103 L. Ed. 2d 943
43 Cal. 3d 1104
17 Cal. 4th 800
22 Cal. 4th 1153
17 Cal. 4th 148
653 F.2d 374
3 F.3d 1301
501 U.S. 797
62 Cal. 2d 218
5 Cal. 4th 813
18 Cal. 4th 770
49 Cal. 3d 502
35 F.3d 1308
37 Cal. 3d 573
46 Cal. 3d 1035
5 Cal. 4th 228
19 Cal. Rptr. 2d 520
42 Cal. 3d 378
50 Cal. 3d 668
23 Cal. 3d 847
5 Cal. 4th 750
85 F.3d 1387
361 F. Supp. 2d 1124
33 Cal. 2d 534
41 Cal. 2d 756
321 F.3d 787
17 Cal. 2d 734
799 F.2d 1317
521 U.S. 320