James Jordan McClain v. Robert Neuschmid
Opinion
Trial Court Opinion
I.
INTRODUCTION
Petitioner James Jordan McClain (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. It appears, however, the Petition is subject to dismissal as untimely. The Court will provide Petitioner an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.
II.
BACKGROUND
A. STATE COURT PROCEEDINGS
On January 27, 1994, Petitioner was convicted of first degree murder after a jury trial in Orange County Superior Court. Dkt. 1, Pet. at 1. On February 25, 1994, the trial court sentenced Petitioner to a state prison term of twenty-five years plus a five-year enhancement for use of a gun. Id. at 1.
Petitioner appealed his conviction to the California Court of Appeal, which affirmed the judgment in a reasoned decision on April 25, 1995. Id. at 2, 79. Petitioner then filed a petition for review in the California Supreme Court, which was denied on July 12, 1995. Id.; Cal. Courts, Appellate Courts Case Info., Docket, https://appellatecases.courtinfo.ca.gov/search/case/ mainCaseScreen.cfm?doc_id=1778609&request_token=NiIwLSEmXkw7WyBBSCJNVE9IIFw0U…