John Christopher Brown v. Josie Gastelo
Opinion
Trial Court Opinion
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. CV 20-2051-PA (PJW) Date July 9, 2020 Title John Christopher Brown v. Josie Gastelo, Warden
Present: The Honorable PATRICK J. WALSH, U.S. MAGISTRATE JUDGE Erica Valencia N/A N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Petitioner: Attorneys Present for Respondent: None Present None Present Proceedings: Respondent’s Motion to Dismiss (In Chambers) On March 2, 2020, Petitioner filed a Petition for Writ of Habeas Corpus, in which he raised four claims of relief. (Petition at 5-6.) On June 2, 2020, Respondent filed a motion to dismiss on the ground that Petitioner did not present Ground Four of the Petition to the California Supreme Court and that, therefore, the claim is unexhausted. In Ground Four, Petitioner claims that the prosecution’s failure to disclose favorable evidence and its presentation of false evidence at trial deprived him of due process. (Petition at 5.) Petitioner acknowledges that he did not raise this claim in his petition for review in the state supreme court (Petition…