Jose Angel Martinez v. Raymond Madden
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. CV 20-06729-RSWL (PD) Date: July 31, 2020 Title Jose Angel Martinez v. Raymond Madden
Present: The Honorable: Patricia Donahue, United States Magistrate Judge
Isabel Martinez N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Petitioner: Attorneys Present for Respondent:
N/A N/A
Proceedings: (In Chambers) Order to Show Cause Why Petition Should Not be Dismissed as Unexhausted
On July 28, 2020, Petitioner Jose Angel Martinez (“Petitioner”), a state prisoner represented by counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). [Dkt. Nos. 1, 3.] The Petition raises four grounds for relief: (1) People v. Chui, 59 Cal. 4th 155 (2014), bars the natural and probable consequences theory of liability as a basis for first degree murder; (2) Trial counsel’s failure to object to the natural and probable consequences jury instruction deprived Petitioner of his Sixth Amendment right to effective assistance of counsel; (3) Under People v. Banks, 61 Cal. 4th 788 (2015), there is insufficient evidence to find malice…