Erlindo Rodriguez, Jr. v. The People
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 5:21-cv-1671-GW (SK) Date October 13, 2021 Title Erlindo Rodriguez Jr. v. The People
Present: The Honorable Steve Kim, United States Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendant(s): None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE In late September 2021, Petitioner constructively filed a habeas petition here under 28 U.S.C. § 2254, challenging his May 2017 California state conviction for second-degree murder. Part of the evidence at Petitioner’s trial consisted of video surveillance footage purportedly depicting him shooting the victim. Petitioner now alleges that his trial counsel was ineffective for not having this video footage enhanced, which according to Petitioner would have shown that he shot in self-defense. Its potential merits aside, however, the petition appears procedurally defective for at least three reasons.…