Greenwood

Greenwood v. Ayers

Good Law
710 F. Supp. 2d 910·2008 WL 4571552·2008 U.S. Dist. LEXIS 109345
United States District Court, Northern District of CaliforniaOctober 14, 2008C 06-5377 WHA (PR)California2,704 words

Opinion

Opinion

Alsup, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

This is a habeas corpus ease filed by a state prisoner pursuant to 28 U.S.C. § 2254 . The petition is directed to denial of parole.

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. Petitioner has responded with a traverse. For the reasons set forth below, the petition is Denied.

STATEMENT

In 1984, petitioner was sentenced to twenty-five years to life in state prison pursuant to his conviction for first degree murder. In 2005, the California Board of Prison Terms (the “Board”) found him unsuitable for parole for a third time. He contends that he has exhausted these claims by way of state habeas petitions, all of which were denied.

DISCUSSION

A. Standard of review

A district court may not grant a petition challenging a state conviction or sentence on the basis of a claim that was reviewed on the merits in state court unless the state court’s adjudication of the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.