Xavier Fort v. Neil McDowell
Opinion
Trial Court Opinion
CIVIL MINUTES - GENERAL
Case No. 5:19-cv-01223-JVS (SK) Date August 16, 2019 Title Xavier Fort v. McDowell, Warden
, Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE
In August 2019, Petitioner filed a petition under 28 U.S.C. § 2254, challenging his life sentence without possibility of parole for felony murder. See People v. Fort, 2018 WL 1835806, at *4 (Cal. Ct. App. Apr. 18, 2018). After his initial conviction was reversed on appeal, the State of California amended the information and then retried Petitioner. Id. at *5. After he was convicted again, Petitioner challenged the amendment to the information as a violation of California Penal Code § 1009 and as prohibited by “law of the case.” Relatedly, he also challenged the trial court’s failure to instruct on lesser included offenses. But the California Supreme Court rejected these claims. (See Case No. S246066). Petitioner now…