Omar Ramirez v. C. Koenig

Background Facts In 2006, Petitioner and his brother killed Enrique Bermudez, a 72-year old man, in a bar fight. See People v. Ramirez, 2011 WL 5328145, at *1 (Cal. Ct. App. Nov. 7, 2011). Bermudez had asked them to be more respectful to their stepfather, who had been with them at the bar. Id. Petitioner and his brother fled to Mexico the next day. Id. They were eventually extradited and returned to the United States to stand trial. Id. On May 15, 2020, a jury in the San Bernardino County Superior Court convicted both Petitioner and his brother of one count of first degree murder against Bermudez and one count of assault by means likely to produce great bodily injury against Ruben Ramirez, who tried to intervene during the attack. (Petition at 1); see also Ramirez, 2011 WL 5328145, at *1. On June 15, 2010, the court sentenced both defendants to prison terms of four years plus 25 years to life. (Petition at 2); see also Ramirez, 2011 WL 5328145, at *1. On November 7, 2011, the California Court of Appeal remanded the case for a recalculation of custody credits but otherwise affirmed the convictions. Id. at *10. The California Supreme Court denied Petitioner’s and his…