Rackley

I. BACKGROUND/PRIOR PROCEEDINGS

Kemokai, along with co-defendants George Christian and Tommy Cornelius, was charged with the attempted murder of Santana Robinson and various other offenses in connection with the group beating of a man at a gas station on Halloween night 2008. The information further alleged as to the attempted murder that Kemokai personally used a firearm, was a principal in the offense, and committed the offense for the benefit of the Killa Mobb street gang. On direct appeal of his conviction, the California Court of Appeal laid out the following facts underlying the charges against Kemokai and the evidence presented at the joint trial:

Rick Hill is substituted for Ron Rackley as Warden, Folsom State Prison. FED. R. CIV. P. 25(d). A Charged Offenses The victim and his friends were at the Shell station to pump gas after attending a local party. At the gas station, one of the victim’s friends saw a black Dodge Charger and a green Ford Taurus. Associated with the black Dodge Charger were two men—Christian (wearing an orange shirt and white and orange hat) and Whitfield (wearing a purple shirt with no other shirt underneath the purple one). Both men had…