Davis

(DP) (HC) Mills v. Davis

Good Law
United States District Court, Eastern District of CaliforniaNovember 5, 20192:17-cv-02195California3,005 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFERY JON MILLS, No. 2:17-cv-2195 WBS DB Petitioner, DEATH PENALTY CASE v. RONALD DAVIS, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a condemned state prisoner proceeding on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the court is petitioner’s motion to stay these proceedings and hold them in abeyance pending the California Supreme Court’s resolution of petitioner’s state habeas corpus petition. For the reasons set forth below, this court will recommend petitioner’s motion be granted and this case be stayed. BACKGROUND In 1996, petitioner was convicted in Sacramento County Superior Court of first degree murder. He was sentenced to death. On March 1, 2010, the California Supreme Court affirmed the judgment and sentence. People v. Mills, 48 Cal. 4th 158 (2010). The United States Supreme Court denied certiorari on November 1, 2010. Mills…

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