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I. BACKGROUND/PRIOR PROCEEDINGS

On April 15, 2010, Chu Vue was charged with accessory to a felony (Count 1), knowingly and without permission accessing a computer system in order to wrongfully obtain data (Count 2), and the murder of Steve Lo (Count 3), after he engaged the services of his brothers, Chong and Gary Vue, to kill his wife’s lover. The information further alleged that the murder was committed with a lying in wait special circumstance and that a principal in the murder was armed with a firearm. Chu pled not guilty to the charges, denied the allegations, and

Rosemary Ndoh, Warden, Avenal State Prison, is substituted for Stu Sherman, former Warden, California State Prison-Corcoran. FED. R. CIV. P. 25(c). Because the petitioner and his brothers share the same last name, this opinion, like the opinion of the California Court of Appeal, refers to the Vue brothers by their first names. proceeded to a jury trial. On direct appeal of his conviction, the California Court of Appeal laid out the following facts underlying the charges against Chu: Chu’s Motive for the Murder Chu and Chia married in a traditional Hmong ceremony in 1987. In 2008, Chu worked for…