Davidson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD C. DAVIDSON, Case No. 16-cv-03298-JD

Petitioner,

ORDER RE PETITION FOR WRIT OF

v. HABEAS CORPUS AND CERTIFICATE

OF APPEALABILITY

ERIC ARNOLD,

Respondent.

12 Richard Davidson, a California state prisoner, filed pro se a habeas petition pursuant to 28 U.S.C. § 2254. The Court ordered respondent to show cause why the writ should not be granted. Respondent filed an answer and a memorandum of points and authorities in support of it, and lodged exhibits with the Court. The claim addressed here is whether the prosecutor’s attacks on defense counsel’s integrity and honesty in closing argument, and that counsel’s failure to object or request a limiting instruction, deprived Davidson of effective representation under the Sixth Amendment. The Court finds that the prosecutor’s ad hominem attacks were serious misconduct, and that defense counsel performed inadequately by failing to redress them in any way. The petition is granted. …