Robert Rameses v. Scott Kernan

MEMORANDUM

A California state court jury convicted Robert Rameses on one count of uttering bad checks under California Penal Code § 476a, and additionally found that he had four prior convictions qualifying as “strikes” under California’s Three Strikes law, California Penal Code § 667. Accordingly, the trial court sentenced him to a term of imprisonment of 25 years to life. The California Court of Appeal affirmed his conviction and sentence on direct appeal, and the Supreme Court of California denied review.

Rameses then petitioned the U.S. District Court for the Eastern District of California for a writ of habeas corpus, alleging three claims for relief. The district court denied his petition, and issued a certificate of appealability covering all three claims. See 28 U.S.C. § 2253 (a), (c). Rameses timely appealed. As the facts are known to the parties, we repeat them only as necessary to explain our decision.

I

Rameses first contends that the trial court erred by failing to hold a hearing before requiring him to wear a stun belt and that he suffered prejudice as a result of this error. Although we agree that the trial court erred by failing to hold a hearing, see Gonzalez…