Atchley
(HC) Iturralde v. Atchley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD ITURRALDE, No. 2:22-cv-00272 DJC KJN P Petitioner, v. ORDER & MATTHEW ATCHLEY, FINDINGS & RECOMMENDATIONS Respondent. 16 I. Introduction Petitioner Edward Iturralde, a state prisoner proceeding with counsel, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2019 conviction for nine counts of lewd conduct upon four children under the age of 14 and one count of attempting to prevent or dissuade witnesses from testifying against him. Petitioner was sentenced to an aggregate term of 106 years, 4 months to life in state prison. He now raises the following claims in his habeas petition: (1) sufficiency of the evidence; (2) violation of due process due to long timeframes pled in the information; and (3) statute of limitations expired as to counts one through twelve. Petitioner also requests that this Court take judicial notice of the state court…