Raynel Dorrough v. Ron Broomfield

Good Law
United States District Court, Central District of CaliforniaApril 15, 20212:20-cv-08874California1,885 words

Opinion

trial_court Opinion

I.

INTRODUCTION

Petitioner, Raynel Dorrough (“Petitioner”), by and through counsel, has filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his 2017 conviction for assault with a firearm, criminal threats, and unlawful firearm activity. ECF Docket No. (“Dkt.”) 1 at 6. The Petition alleges two due process claims. See id. at 26, 31, 35. Respondent filed a Motion to Dismiss contending Petitioner failed to exhaust state remedies for the second claim. Dkt. 15 at 1. The second claim appears subject to dismissal because it is unexhausted. The Court will not make a final determination regarding whether the claim should be dismissed, however, without giving Petitioner an opportunity to request a stay or file an amended petition.

II.

PROCEDURAL HISTORY

A. STATE COURT PROCEEDINGS

On October 17, 2017, following a jury trial in the Los Angeles County Superior Court, Petitioner was found guilty of four counts of assault with a firearm in violation of section 245(b) of the California Penal Code (“Counts 1-4”), two counts of criminal threats in violation of section 422 of the California Penal Code (“Count 5-6”), and one count of unlawful…

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