Foss

I. BACKGROUND/PRIOR PROCEEDINGS

On September 30, 2014, McAlister, along with co-defendant Marcus A. Logan, was charged with the murder of Timothy Schweiss (Count I) and attempted second-degree robbery (Count II). The prosecution’s theory was that Logan, McAlister, and another man, Marlyn Steward, lured Schweiss into an apartment complex to rob him and, during commission of that robbery, McAlister pulled out a handgun and shot Schweiss in the abdomen. With respect to the murder count, the amended information alleged as a special circumstance that the murder was committed while the defendants were engaged in the commission of an attempted robbery. The information further alleged as to both counts that McAlister intentionally and personally discharged a firearm proximately causing a death. Both men entered pleas of not guilty, denied

Rick Hill, Warden, Folsom State Prison, is substituted for Tammy Foss, former Acting Warden, Salinas Valley State Prison. FED. R. CIV. P. 25(c). the allegations, and proceeded to a jury trial. On direct appeal of his conviction, the California Court of Appeal recounted the following facts underlying the charges against McAlister and the…