Madden

(HC) Perez v. Madden

Good Law
United States District Court, Eastern District of CaliforniaSeptember 25, 20191:17-cv-01028California3,295 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO TREJO PEREZ, Case No. 1:17-cv-01028-DAD-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR WRIT OF HABEAS

v. CORPUS RAYMOND MADDEN, ECF No. 1 Respondent. OBJECTIONS DUE IN 14 DAYS 16 Petitioner Antonio Trejo Perez, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. According to petitioner, the state trial court erroneously excluded a witness’s prior statements in violation of petitioner’s constitutional right to present a complete defense. Because the prior statements had limited probative value—and any value they had was potentially outweighed by the risk of jury confusion—a reasonable jurist could find that the exclusion of the witness’s prior statement was appropriate. I recommend that the court deny the petition and decline to issue a certificate of appealability. I. Background While on parole, petitioner allegedly…

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