Scott
Scott v. Arnold
Opinion
Lead Opinion
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
JON S. TIGAR, United States District Judge *980 Before the Court is Petitioner Rickey Leon Scott's petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2554 to challenge the validity of his state criminal conviction. ECF No. 1. The Court will grant the petition.
I. PROCEDURAL HISTORY
On April 12, 2013, a San Francisco jury convicted Scott of first-degree murder, finding that he had used a deadly weapon in the commission of the offense. ECF No. 36-2 at 132. On September 27, 2013, the trial court denied Scott's motion for a new trial and sentenced him to 86 years to life, with the possibility of parole, under California's Three Strikes law, Cal. Penal Code § 667 (e)(2)(A). Id. at 579-81 . On July 24, 2015, the California Court of Appeal affirmed Scott's conviction in an unpublished opinion. People v. Scott , No. A139921, 2015 WL 4505784 (Cal. Ct. App. July 24, 2015). The California Supreme Court denied review on November 10, 2015. ECF No. 36-10 at 535.
Scott's pro se habeas state habeas petition, filed during the pendency of his appeal, was summarily denied by the California Court of Appeal on October 16, 2014.…