Kaplan

(HC) Dearman v. Kaplan

Good Law
United States District Court, Eastern District of CaliforniaJune 1, 20232:21-cv-02412California3,381 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RYAN ALAN DEARMAN, No. 2:21-cv-2412 TLN CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS JULIE KAPLAN, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Following a Colusa County jury trial, petitioner was found guilty of dissuading a witness and domestic battery. On January 21, 2020, petitioner was placed on probation for three years. ECF No. 15-1. Petitioner claims the trial court violated his Constitutional rights to due process and counsel by not continuing his trial to allow new, retained counsel to prepare for trial. Because the continuance request was denied, petitioner had to proceed to trial with previously appointed counsel. For the reasons which follow, the court will recommend that petitioner’s petition for a writ of habeas corpus be denied. I. Background On direct appeal, the California Court of Appeal…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.