Michael Anthony Powell v. R. Madden

BACKGROUND

22 Petitioner Michael Anthony Powell is currently serving a life term in state 23 prison based on his 1999 murder conviction. [Doc. # 1 at 2.1] 24 Petitioner previously sought habeas relief in this Court regarding that 25 conviction. The Court denied Petitioner’s habeas petition on the merits. Powell

26 v.Lamarque, No. CV 02-8231-ABC (MAN) (C.D. Cal.). The Ninth Circuit Court 27 1 Citations to the record are to the CM/ECF pagination. of Appeals denied a certificate of appealability in that action. CV 02-8231, [Doc. # 35]. In 2022, Petitioner filed an application in the state superior court for resentencing pursuant to California Penal Code § 1172.6. The superior court denied the request. The state appellate court affirmed the denial of resentencing. [Doc. # 13 at 11.] Petitioner also sought habeas relief in the state court system in 2022 and 2023. The state supreme court ultimately denied relief by noting that Petitioner raised claims that had previously been rejected on direct appeal. Id. at 12. In the current federal habeas action, Petitioner alleges sufficiency of 11 …