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 great bodily injury in Los Angeles County Superior Court (Case No. BA339752), as well as his sentence of 46-years-to-life. The Petition alleges the following grounds for federal habeas relief: (1) Petitioner is actually innocent; (2) Prior to his arraignment, Petitioner was not administered warnings under Miranda v. Arizona, 384 U.S. 436 (1966); (3) The prosecutor failed to disclose exculpatory evidence, in violation of Petitioner’s right to due process; and (4) The withdrawal of Petitioner’s plea of not guilty by reason of insanity was “not done so willingly”; and the trial court’s refusal to allow Petitioner to communicate with standby counsel …