Chin
Chin v. Runnels
Opinion
Opinion
Breyer, J.
MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
I. INTRODUCTION
Petitioner, Mark Shew Fei Chin, filed a petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 . Chin was convicted of second degree murder with an arming allegation and was sentenced to 19 years to life in prison. He is currently imprisoned at High Desert State Prison in Susanville, California, and seeks an order vacating his conviction and sentence. Chin argues that Chinese-Americans, Filipino-Americans and Hispanic-Americans were excluded from service as foreperson on the grand jury that indicted him, violating his right to equal protection. For the reasons stated below, the petition is DENIED.
II. FACTUAL AND PROCEDURAL BACKGROUND
a. Overview
The facts regarding Chin’s conviction are not at issue in this petition, and were amply laid out by the California Court of Appeal:
People v. Chin, A092372, 2002 WL 31402087 , *1-2, 2002 Cal.App. Unpub. LEXIS 9870, at *1-*3 (Cal.Ct.App. Oct. 25, 2002) (unpublished).
Chin was subsequently sentenced to 19 years to life in state prison. He then filed a timely notice of appeal with the California Court of Appeal, First District, which affirmed…