(HC) Thietje v. Clark

I. BACKGROUND/PRIOR PROCEEDINGS

On September 9, 2013, Thietje was charged by consolidated information with murder (Count 1); two counts of assault with a deadly weapon (Counts 2, 3); hit and run (Count 4); three counts of inflicting corporal injury on a spouse or cohabitant (Counts 5, 7, 8); two counts of assault with force likely to cause great bodily injury (Counts 6, 9); and false imprisonment (Count 10). The information alleged that Thietje deliberately drove a van into the back of his ex- girlfriend’s unoccupied car, pushing the car toward of a group of people, one of whom fired a shotgun into the van, killing Thietje’s associate. The charges carried allegations that Thietje had previously been sentenced to prison and had not remained free of custody for five years, and that

Marcus Pollard, Warden, Richard J. Donovan Correctional Facility, is substituted for Ken Clark, Warden, California State Prison–Corcoran. FED. R. CIV. P. 25(c). he committed the instant offenses while on bail. Thietje pleaded not guilty, denied the enhancement allegations, and proceeded to a jury trial. On direct appeal of his conviction, the California Court of Appeals recounted the…