Knowles
Kennedy v. Knowles
Opinion
Opinion
Alsup, J.
DENIAL OF 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 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. Although the time for him to do so was extended, petitioner has chosen not to file a traverse. For the reasons set forth below the petition is Denied.
STATEMENT
A jury convicted petitioner of first degree murder. He was sentenced to life without parole. His conviction was affirmed on direct appeal by the California Court of Appeal, and the California Supreme Court denied review.
As grounds for habeas relief he asserts that: (1) his lawyer had a conflict of interest; (2) his rights under the Confrontation Clause of the Sixth Amendment were violated by admission of out-of-court statements; and (3) counsel was ineffective in challenging DNA evidence.
Petitioner does not dispute the following facts, which are taken from the opinion of the California Court of Appeal.
(Exh. 8 at 2-8)