(HC) Caro v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaDecember 18, 20192:19-cv-00373California10,347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CESAR ADOLFO CARO, No. 2:19-cv-373-MCE-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Respondents. 17 Petitioner is a California state prisoner who, proceeding with counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was convicted in the Tulare County Superior Court of conspiracy to commit willful, deliberate, and premeditated murder pursuant to Pen. Code §§ 182(a)(1), 187. The instant habeas petition raises five claims, specifically: (1) the jury violated his rights by returning inconsistent verdicts; (2) the jury’s inconsistent verdicts indicate that it was confused in its deliberations; (3) the trial court erred in failing to reject the verdict based on its inconsistency and evidence of juror confusion; (4) his trial counsel was ineffective in failing to advise him to accept favorable plea deals; and (5) his…

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