Kernan

(HC) Johnson v. Kernan

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20242:17-cv-02525California6,406 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY C. JOHNSON, No. 2:17-cv-02525 DAD AC Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, Respondent. 16 Petitioner is a former California state prisoner1 proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition (ECF No. 1) as supplemented (ECF No. 38). See ECF No. 45. Petitioner challenges his 2013 conviction for rape of an incompetent person. Respondent has answered, ECF No. 48, and petitioner has filed a traverse, ECF No. 51. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged with rape of a person incapable of consent, Cal. Penal Code §

Petitioner filed a notice of change of address in 2019, ECF No. 52, which suggested that he had been released from custody. The collateral consequences of his convictions prevent the case from being…

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