Jury

Jury v. Olivarez

Good Law
8 F. App'x 811
United States Court of Appeals for the Ninth CircuitMay 7, 2001No. 98-55579; D.C. No. CV-96-00868-BTMCalifornia871 words

Opinion

Lead Opinion

MEMORANDUM *

State Prisoner Edward Bruce Jury (“Jury”) appeals pro se from the district court’s denial of his petition for a writ of habeas corpus. . He is currently serving a forty-year sentence for four counts of forcible lewd acts while using a weapon and causing great bodily injury. Cal. Pen. Code § 288 (b). He claims on appeal that (1) the trial court should have granted his motion to withdraw his guilty plea because, at the time of his plea, anti-depressant medication had rendered him incompetent and that (2) he was denied due process when the court that sentenced him was different from the court that took his guilty plea. We affirm the district court and deny his habeas corpus petition.

I. Certificate of Appealability

On appeal, Jury raises a number of issues that are beyond the scope of the certificate of appealability (“COA”). Namely, he argues that: (1) his due process rights were violated when the judge who sentenced him was different from the judge who took his plea; (2) the state court failed to advise him of his fundamental rights prior to the entry of his plea; (3) he was deprived of his right to “be mentally competent and the rights to have full knowledge,…

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