Frank Nathan Escalante v. Jim Robertson

Good Law
United States District Court, Central District of CaliforniaNovember 5, 20212:19-cv-05563California964 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 FRANK NATHAN ESCALANTE, )Case No. CV 19-5563-RSWL (JPR) ) Petitioner, ) )ORDER ACCEPTING FINDINGS AND v. )RECOMMENDATIONS OF U.S. )MAGISTRATE JUDGE JIM ROBERTSON, Warden, ) ) Respondent. ) ) The Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge. On October 15, 2021, Petitioner filed Objections to the R. & R.; Respondent didn’t respond. Although the Objections are largely unintelligible, the Court attempts to address them nonetheless. Petitioner continues to insist that the state court admitted codefendant Akuna’s statements without deciding the “factual existence of a conspiracy to commit murder.” (Objs. at 2; see id. at 4-5.) He is apparently arguing that it didn’t properly admit them under the federal or state coconspirator exception to the hearsay rule. (See R. & R. at 27 & n.14; see also Objs.…

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