Lizarraga

(HC) Vega v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20242:18-cv-01030California6,741 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE ANTONIO VEGA, JR., No. 2:18-cv-1030 KJM AC Petitioner, v. FINDINGS AND RECOMMENDATIONS JOE LIZARRAGA, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition, ECF No. 1, challenges petitioner’s 2012 conviction for first degree murder and related offenses. Respondent has answered, ECF No. 12, and petitioner has filed a traverse, ECF No. 16. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in San Joaquin County with a gang related murder. At a first trial, the jury was unable to reach a verdict on any count. The case was retried. //// //// //// B. The Evidence Presented at the Second Trial1 1. Prosecution Case The two teenaged victims spent July 26, 2010, barbequing, drinking, and taking…

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