(HC)Hill

(HC)Hill v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaSeptember 29, 20222:20-cv-01998California11,048 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 D’VAUGHN CORTEZ HILL, No. 2:20-cv-1998 TLN DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS J. ROBERTSON, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his conviction imposed by the Solano County Superior Court in 2017 for attempted murder and attempted voluntary manslaughter. Petitioner alleges his due process rights were violated because there was insufficient evidence to support the intent requirement for the crime of attempted murder, two jury instructions failed to include necessary elements of attempted murder, and the prosecutor committed misconduct. For the reasons set forth below, this court will recommend the petition be denied. BACKGROUND I. Facts Established at Trial The California Court of Appeal for the First Appellate District provided the…

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