Neushmid

(HC) Leonard v. Neushmid

Good Law
United States District Court, Eastern District of CaliforniaApril 10, 20202:19-cv-01982California12,343 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREDERICK E. LEONARD, No. 2:19-cv-1982-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner is a California state prisoner who, proceeding without counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 2016 and in the Solano County Superior Court, petitioner was convicted of: (1) mayhem (Penal Code § 203) and (2) injury to the mother of petitioner’s child (§ 273.5). The jury found true the enhancement of great bodily injury (§ 12022.7, subd.(e)) in connection with the latter count. Petitioner now argues that his rights were violated during his trial. Specifically, he contends that: (1) the trial court violated his due process rights by admitting a silent video of him attacking another inmate shortly before trial; (2) the prosecutor committed misconduct while questioning petitioner by referring to a motion to increase his bail and a letter…

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