(HC)Hayes
(HC)Hayes v. Neuschmid
Opinion
Trial Court Opinion
Case 2:19-cv-01279-TLN-EFB Document 46 Filed 02/07/22 Page 1 of
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
BLUFFORD HAYES, Jr., No. 2:19-cv-1279 TLN EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent.
Petitioner is a California state prisoner who, proceeding with counsel, brings an
application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 18. In 1982 and
in the San Joaquin superior court, petitioner was convicted of: (1) robbery (Penal Code § 211); (2)
burglary (§ 459); and (3) first degree murder with the special circumstance that the murder was
committed during a burglary and with a deadly weapon (knife) (§§ 187, 190.2, subd. (a)(17), 459,
12022, subd. (b)). He was sentenced to death. In 1990 the California Supreme Court found
instructional error and reversed the robbery conviction and the robbery-murder special