Diaz

I. BACKGROUND/PRIOR PROCEEDINGS

On May 17, 2016, Giger was charged with two counts of assault with a deadly weapon (a knife and a bicycle chain) in connection with a 2016 altercation with a security guard. The information further alleged as to both counts that Giger personally used a deadly weapon. On direct appeal of his conviction, the California Court of Appeal laid out the following facts underlying the charges against Giger:

A jurisdictional prerequisite of 28 U.S.C. § 2254 is that the petitioner be “in custody pursuant to the judgment of a state court.” The conditions and restraints inherent in parole are sufficient to satisfy the custody requirement. Jones v. Cunningham, 371 U.S. 236, 242 (1963). Giger is thus currently in the custody of the California Department of Corrections and Rehabilitation, and the Petition is properly before this Court. The victim was a uniformed security guard, patrolling near a pizza restaurant in the afternoon. He saw two men sleeping on a nearby hill and asked them to move. They said okay. The victim returned to his rounds, but when he came back, the two men were again sleeping on the hill. The victim again asked them to leave. …