Scott

Scott v. Arnold

Good Law
322 F. Supp. 3d 978
United States District Court, Northern District of CaliforniaAugust 24, 2018Case No. 16-cv-06584-JSTCalifornia5,572 words

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 On July 24, 2015, the California Court of Appeal affirmed Scott's conviction in an unpublished opinion.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.…

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