Patterson

(HC) Silva v. Patterson

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20221:20-cv-01442California13,290 words

Opinion

Trial Court Opinion

` 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HELIODORO A. SILVA, No. 1:20-cv-01442-NONE-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS GIGI PATTERSON, Warden, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in state prison serving two consecutive life sentences without possibility of parole for two counts of first degree murder with special circumstances. The habeas petition presents six claims challenging the conviction.1 As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On November 4, 2016, a Merced County jury found Petitioner guilty of two counts of first degree murder (Cal. Penal Code § 189) with multiple murder and kidnapping special circumstances (Cal.…

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