Harry Lee Ollie v. Xavier Becerra

Good Law
United States District Court, Central District of CaliforniaJanuary 7, 20202:20-cv-00027California1,972 words

Opinion

trial_court Opinion

BACKGROUND

19 On January 2, 2020, the Court received from Petitioner Harry Lee Ollie 20 (“Petitioner”) a Petition for Writ of Habeas Corpus by a Person in State 21 Custody (“Pet.” or “Petition”). Dkt. 1. The Petition is directed at Petitioner’s 22 2017 conviction in and sentence imposed by the Los Angeles County Superior 23 Court. Pet. at 2 (CM/ECF pagination is used herein for page references to the 24 Petition). Petitioner facially raises two grounds for relief: (1) sufficiency of the 25 evidence; and (2) a challenge to the jury instructions issued by the trial court. 26 Pet. at 9-13. The Court interprets the grounds broadly to assert challenges 27 under the Due Process Clause Fourteenth Amendment, and further, broadly 28 1 interpreting the Petition, finds based upon an initial review and without 2 prejudice to a potential challenge by Respondents, that Petitioner has made a 3 prima facie showing that he has exhausted his available state remedies as to 4 those two stated grounds. 5 However, the final sentence of Ground Two further states: “Appellant’s 6 Sixth Amendment constitutional right to be confronted with the witnesses 7 against him was violated as his…

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