(HC) Vela v. Montgomery
United States District Court, Eastern District of CaliforniaJanuary 25, 20221:20-cv-00588California18,145 words
Opinion
Trial Court Opinion
Case 1:20-cv-00588-JLT-EPG Document 28 Filed 01/25/22 Page 1 of
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MANUEL A. VELA, Case No. 1:20-cv-00588-JLT-EPG-HC
Petitioner, FINDINGS AND RECOMMENDATION
RECOMMENDING DENIAL OF SECOND
v. AMENDED PETITION FOR WRIT OF
HABEAS CORPUS
W.L. MONTGOMERY, (ECF No. 20) Respondent.
Petitioner Manuel A. Vela is a state prisoner proceeding pro se with a petition for writ of
14 habeas corpus pursuant to 28 U.S.C. § 2254. In his second amended petition, Petitioner asserts
15 that there was insufficient evidence to support the jury’s finding that Petitioner harbored the
16 required specific intent and that trial and appellate counsel were ineffective. For the reasons
17 discussed herein, the undersigned recommends denial of the second amended petition for writ of
18 habeas corpus.