Matteson

(HC) Larue v. Matteson

Good Law
United States District Court, Eastern District of CaliforniaJanuary 10, 20232:20-cv-00693California6,837 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCO LARUE, No. 2:20-cv-00693 WBS CKD P Petitioner, v. FINDINGS & RECOMMENDATIONS GIGI MATTESON, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction for two counts of second degree robbery. Petitioner was sentenced to 16 years in state prison. Petitioner raises two claims in his habeas petition: (1) the trial court failed to grant a juror’s request to be removed during deliberations, and (2) the trial court failed to advise him of his constitutional rights before he admitted prior convictions. After reviewing the record, this Court concludes that the petition should be denied. II. Procedural History On April 14, 2017, a jury found petitioner guilty of two counts of second degree robbery. (ECF No. 13-2 at 387-89.) The trial court sentenced him…

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