Eldridge

(HC) Briscoe, III v. Eldridge

Good Law
United States District Court, Eastern District of CaliforniaFebruary 3, 20201:19-cv-00389California3,759 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JAMES ROBERT BRISCOE, III, ) Case No.: 1:19-cv-00389-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) MICHAEL MARTEL, Warden, ) [THIRTY DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently serving a sentence of twelve years for his conviction of domestic violence causing great bodily injury. He filed the instant habeas petition challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. FACTUAL AND PROCEDURAL HISTORY On November 14, 2017, Petitioner entered a no-contest plea to one felony count of domestic abuse resulting in a traumatic condition and admitted a sentencing enhancement that he personally inflicted great bodily injury. (Doc. 51 at 9.) Petitioner further admitted two sentencing enhancements for prior prison commitments for…

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