(HC) Hall v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW HOWARD HALL, No. 2:22-cv-1722 DJC CKD P Petitioner, v. ORDER STATE OF CALIFORNIA, et al., Defendants. 16 Petitioner is a California prisoner proceeding with a petition for writ of habeas corpus under 28 U.S.C. § 2254. The operative petition is the first amended petition filed February 14, 2023. Petitioner presents three grounds for relief. Respondent has filed a motion to dismiss for failure to exhaust state court remedies as to ground 3, in which petitioner asserts his trial counsel rendered ineffective assistance of counsel in violation of the Sixth Amendment by not asserting double jeopardy. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the…