Hart
Hart v. Curry
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
Petitioner David Bryan Hart (“Hart” or “petitioner”), a state prisoner at the Correctional Training Facility in Soledad, California, filed this federal habeas petition pursuant to 28 U.S.C. section 2254 . In his petition, Hart challenges the decision of the Fresno County Superior Court upholding California Governor Arnold Schwarzenegger’s reversal of the California Board of Parole Hearing’s grant of parole to Hart. Having considered the parties’ submissions and arguments, and for the reasons set forth below, the court enters the following memorandum and order.
BACKGROUND
In 1983, a Fresno County Superior Court jury found Hart guilty of second-degree murder. Docket No. 1 (Pet.), Exh. B (Judgment) at 1. Hart was convicted of murdering his ex-girlfriend’s new boyfriend. Pet., Exh. E (Parole Reversal). To commit the crime, Hart hid under a blanket in the new man’s car; once the man entered his car, Hart ordered him to drive to a nearby orchard, where Hart shot him three times in the head. Id. at 3 . Pursuant to California’s indeterminate sentencing structure, Hart was sentenced to fifteen years to life in prison. Pet. at 2.