Pollard

(HC) Jarvis v. Pollard

Good Law
United States District Court, Eastern District of CaliforniaSeptember 29, 20202:20-cv-00480California5,461 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAROLD COURTNEY JARVIS, No. 2:20-cv-00480 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARCUS POLLARD, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 19. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). The pending habeas petition alleges violations of due process and equal protection stemming from the redundant application of sentencing enhancements now prohibited by state law (and seemingly at the time of his negotiated plea agreement and sentencing as well). Petitioner relies on People v. Rodriguez, 47 Cal.4th 501 (2009),1 as later expanded in People v. Le, 61 Cal.4th 416 (2015). There is also possibly a subsidiary issue that precludes a waiver, at 27 1 Petitioner uses the spelling of defendant’s name as…

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