Cates

(HC) Davis v. Cates

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20222:21-cv-01900California4,344 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME MARKIEL DAVIS, No. 2:21-CV-1900-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. B. CATES, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court are Petitioner’s first amended petition for a writ of habeas corpus, ECF No. 10, and Respondent’s answer, ECF No. 17. Petitioner has not filed a traverse. Also before the Court is Petitioner’s motion, ECF No. 18, for a new trial. / / / / / / / / / / / / / / / / / / / / / I. BACKGROUND A. Facts1 The state court recited the following facts, and Petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct:

A September 2016 amended and consolidated information charged defendant with the attempted murder of Q.B. (Pen. Code, § 664/187, subd. …

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