Silva
Silva v. Schechter CA5
Opinion
Opinion
FACTS AND PROCEEDINGS
On September 2, 2020, inmate Heliodoro A. Silva filed a civil complaint in the Merced County Superior Court against Superior Court Judge Jeanne Schechter, the City of Merced, the County of Merced, a county prosecutor, and a police detective. This appeal concerns the claims against Judge Schechter. On May 11, 2020, Judge Schechter denied a petition for writ of habeas corpus filed by Silva in connection with his convictions. On September 2, 2020, Silva filed the aforementioned complaint against Judge Schechter, among others. Silva stated in the complaint: “The Plaintiff is serving two consecutive life without the possibility of parole sentences for … aiding and abetting two murders, conviction[s] [dated] November 4, 2016.” He further noted: “Plaintiff … is actually and factually innocent.” (Unnecessary capitalization omitted.) In the complaint, Silva alleged, with reference to his prior convictions, that the prosecutor, investigating detective, and Judge Schechter had conspired to secure and uphold his convictions. In this context, he alleged that the investigating detective had punched him in the stomach to coerce him into giving a false confession in…