Peery

(HC) Ward v. Peery

Good Law
United States District Court, Eastern District of CaliforniaMarch 19, 20242:21-cv-02220California8,119 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH VINCENT WARD, No. 2:21-cv-2220 DAD KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS SUZANNE M. PEERY, 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 2018 conviction for second degree murder. Petitioner claims that the jury’s verdict finding petitioner competent to stand trial was not supported by substantial evidence. After careful review of the record, the undersigned concludes that the petition should be denied. II. Procedural History In the Nevada County Superior Court, a jury found petitioner competent to stand trial and later convicted petitioner of murder. (ECF No. 11-1 at 1.) On October 2, 2018, petitioner was sentenced to fifteen years to life in state prison. Petitioner appealed the conviction to the California Court of Appeal, Third…

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