Mario Jijon v. Sxott Frauenhein

I.

INTRODUCTION

On March 6, 2020, Petitioner Mario Jijon (“Petitioner’’), who is currently incarcerated in Pleasant Valley State Prison in Coalinga, California, constructively filed’ a pro se Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 (“Section 2254”). See ECF Docket No. (“dkt.”) 1, Pet. Petitioner challenges his 2017 convictions in Los Angeles Superior Court for attempted first degree murder and assault with a deadly weapon with enhancements for inflicting great bodily injury and use of a deadly weapon. Pet. at 1. The Petition sets forth four grounds for habeas relief: (1) “false evidence” relating to witness testimony, DNA, and juror misconduct (“Claim One’’); (2) ineffective assistance of trial counsel for (a) failing to request an instruction on unreasonable subjective provocation (“Claim Two(a)”) and (b) failing to raise issues of juror misconduct (“Claim Two(b)”); (3) denial of due process (“Claim Three”); and (4) eligibility for resentencing pursuant to Section 667(a) of the California Penal Code (“Claim Four”). Id. at 5-11. The Petition, however, appears subject to dismissal because Petitioner has not…