David Hamilton v. People of The State of California

I. BACKGROUND

21 22 On April 20, 2021, David Hamilton (“Petitioner”), a 23 California state prisoner proceeding pro se, filed a “Petition for 24 Writ Error Coram Vobis to Escape the Limitations Laid Down in Rule 25 60(b)” (Dkt. No. 1), which the Court construes as a Petition for 26 Writ of Habeas Corpus by a Person in State Custody pursuant to 28 27 U.S.C. § 2254 (“Petition”). Petitioner challenges his 2010 28 convictions for mayhem and assault by means likely to produce 1 great bodily injury in Los Angeles County Superior Court (Case No. 2 BA339752), as well as his sentence of 46-years-to-life.1 The 3 Petition alleges the following grounds for federal habeas relief: 4 (1) Petitioner is actually innocent; (2) Prior to his arraignment, 5 Petitioner was not administered warnings under Miranda v. Arizona, 6 384 U.S. 436 (1966); (3) The prosecutor failed to disclose 7 exculpatory evidence, in violation of Petitioner’s right to due 8 process; and (4) The withdrawal of Petitioner’s plea of not guilty 9 by reason of insanity was “not done so willingly”; and the trial 10 court’s refusal to allow Petitioner to communicate with standby 11 counsel …