Spearman
(HC) Villasenor v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERARDO VILLASENOR, No. 2:16-cv-3044-JAM-CKD P Petitioner, v. ORDER M. ELIOT SPEARMAN, Respondent. 16 Petitioner is a state inmate proceeding through counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Upon review of the parties’ briefs, the court hereby requests supplemental briefing on the analytical framework for resolving claim one of the pending § 2254 petition for the reasons discussed herein. I. Factual and Procedural Background Petitioner was convicted in the Sacramento Superior Court following two jury trials in which he was convicted of two separate incidents of premeditated attempted murder with gun and gang enhancements. ECF No. 1 at 2. He was sentenced to a total prison term of 50-life plus a consecutive determinate term of 24 years and 8 months. ECF No. 1 at 2. At the time of the shootings, petitioner was 17 years old. ECF No. 1-4 at 2 (direct appeal opinion). On…