Davey

I. BACKGROUND/PRIOR PROCEEDINGS

On August 2, 2010, Speight, along with co-defendant Orlindo Myles, was charged with residential burglary (Count I), robbery (Count II), assault with intent to commit rape during a burglary (Count III), sexual penetration with a foreign object (Count IV), and sexual penetration by foreign object in concert (Count V). The information also alleged that the crimes in Counts IV and V were committed during the commission of a burglary and by tying or binding. Speight pleaded not guilty and denied the enhancing allegations, and proceeded with Myles to a joint jury trial before separate juries. On direct appeal of his conviction, the California Court of

Ken Clark is substituted for Dave Davey as Warden, California State Prison- Corcoran. FED. R. CIV. P. 25(d). Appeals recounted the following facts underlying the charges against Speight and the evidence presented at trial: On June 8, 2005, the 14–year–old victim was at home alone with her two-year-old sister when Myles and Speight entered the home.FN1 The victim said Myles wore a red sweatshirt and Speight wore a blue sweatshirt. FN1. All dates refer to 2005 unless otherwise indicated. Speight…