Jorge Nunez v. Connie Gibson

BACKGROUND

In 2008, Petitioner was convicted of three counts of attempted murder, two counts of discharging a firearm at an occupied motor vehicle, and one count of discharging a firearm at an inhabited dwelling, with firearm and gang enhancements. See Dkt. 77, 3 Reporter’s Transcript (“RT”) 1832-42. He was sentenced to 170 years to life in state prison. See 3 RT 2137. At sentencing, Petitioner was represented by attorney Walter Urban. See 3 RT 2101. In 2016, Petitioner filed a First Amended Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. See Dkt. 45. Among other things, he argued that his sentence violated the Eighth Amendment and that Urban and appellate counsel provided constitutionally ineffective assistance of counsel for failing to raise this argument. See id. at 4-5. The Court dismissed these claims as untimely and permitted Petitioner to proceed on his remaining ineffective assistance of counsel claims. See Dkt. 73, 75. On November 21, 2018, the assigned Magistrate Judge recommended denying the surviving claims. See Dkt. 80. Charles Khoury represents Petitioner in these federal habeas corpus proceedings. According to Khoury,…