Eric Dwight Rice v. Gavin Newsom

BACKGROUND

In 1999, a Los Angeles County Superior Court jury convicted Petitioner of second-degree robbery. See Lodged Document (“LD”) 1 at 2. The trial court found that Petitioner had suffered five prior serious felony convictions within the meaning of California Penal Code sections 667(a)(1) and 1170.12(a)-(d). Id. at Petitioner was sentenced to 35 years to life in state prison under California’s Three Strikes Law. In 2002, Petitioner filed a federal habeas corpus petition in the Eastern District of California. On August 15, 2005, the District Judge denied the petition on the merits. See LD 2. On July 25, 2006, the Ninth Circuit affirmed. See LD 4. In 2015, Petitioner filed a second federal habeas corpus petition in this Court. On April 9, 2015, the District Judge summarily dismissed the petition as second or successive. See LD 6. On December 7, 2015, the Ninth Circuit denied Petitioner’s request for a certificate of appealability. See LD 8. On May 19, 2016, the Ninth Circuit denied Petitioner’s motion for reconsideration. See

LD 9.

On December 24, 2018, Petitioner filed a state habeas corpus petition, seeking “assisted suicide” or resentencing under California Propositions…