Joseph Ramirez v. People of The State of California

I. Background

Petitioner is in custody pursuant to a March 2018 conviction in the Riverside Superior Court. Petitioner was convicted of first-degree murder and sentenced to life without parole, plus 25 years to life for personally using a firearm in the commission of the murder. People v. Ramirez, No. E071941, 2020 WL 6375560, *1 (Cal. Ct. App. 2020). On direct appeal, the California Court of Appeal rejected claims challenging the denial of a bifurcation motion and the admission of gang-related evidence. The appellate court also struck a parole-revocation fine. Additionally, the appellate court reduced Petitioner’s restitution fine from $10,000 to $300. Id. at *6-13. The California Supreme Court denied review of the California Court of Appeal’s decision on January 31, 2021 (case no. S265784, available at http://appellatecases.courtinfo.ca.gov). Petitioner has

For ease of reference, the Court cites to the page numbers assigned by the Court’s Electronic Case Filing System.

Federal courts may take judicial notice of relevant state court records in federal habeas proceedings. See Smith v. Duncan, 297 F.3d 809, 815 (9th Cir. 2001), overruled on other grounds by…