Robertson

(HC) Hicks v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaApril 12, 20221:21-cv-01276California12,025 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE LON HICKS, No. 1:21-cv-01276-AWI-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS JIM ROBERTSON, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in state prison serving a sentence of life without parole plus 25 years-to-life pursuant to a judgment of the Merced County Superior Court. The habeas petition presents five claims challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On November 12, 2015, a Merced County jury found Petitioner guilty of one count of first degree murder (Cal. Penal Code § 187(a)), and one count of intentionally and maliciously killing an animal (Cal. Penal…

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