Taylor

Taylor v. Davis

Good Law
213 F. Supp. 3d 1232·2016 WL 5946834·2016 U.S. Dist. LEXIS 136145
United States District Court, Northern District of CaliforniaSeptember 30, 2016No. C-92-1627 EMCCalifornia2,539 words

Opinion

Lead Opinion

Chen, J.

DEATH PENALTY CASE

ORDER RE CLAIM 3(A)

I. INTRODUCTION

Petitioner was convicted and sentenced to death for the robbery, attempted rape, and murder of an 84-year-old woman in January 1985. The California Supreme Court affirmed Petitioner’s conviction and death sentence in 1990. People v. Taylor, 52 Cal.3d 719 , 276 Cal.Rptr. 391 , 801 P.2d 1142 (1990). Petitioner’s state petition for writ of habeas corpus was denied in September 1990; his petition for a writ of certiorari was denied by the United States Supreme Court in October 1991.

Petitioner filed his first federal Petition for Writ of Habeas Corpus on July 10, 1995. His First Amended Petition was filed on April 30, 1997, and his second state petition was filed on June 27,1997 with the California Supreme Court. The second state petition was denied on July 16, 2003. All of the claims were denied on the merits, and certain claims were also denied on *1234 state procedural grounds. Petitioner’s Second Amended Petition was filed in federal court on March 12, 2004; a portion of that petition was found to be unexhausted. Petitioner’s third state habeas, filed on September 12, 2005, was denied on September 11, 2013.

Having…

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