Hatton

(HC) Xiong v. Hatton

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20191:19-cv-00569California18,806 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TOU VANG XIONG, No. 1:19-cv-00569-DAD-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS S. HATTON, Warden, [THIRTY DAY OBJECTION DEADLINE] Respondent. 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently serving a sentence of 112 years-to-life for his conviction of two counts of second degree murder and one count of attempted murder. He has filed the instant habeas action challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On February 7, 2014, in Stanislaus County Superior Court, a jury found Petitioner guilty of two counts of first degree murder (Cal. Penal Code § 187), one count of attempted murder (Cal. Penal Code §§ 664, 187(a)), one count of assault with a…

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