(HC) Sandoval v. On Habeas Corpus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 In re JULIO SANDOVAL, G44696, Case No. 20-cv-06371-CRB (PR)

Petitioner. ORDER OF DISMISSAL (ECF No. 2) 10

On December 13, 2011, petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a 2008 conviction from Santa Clara County Superior Court. The petition was filed as civil case number 11-6246 and assigned to the undersigned. See Sandoval v. Biter, No. 11-cv-6246-CRB (N.D. Cal. filed Dec. 13, 2011). On April 12, 2012, the court found that the claims in the petition – (1) insufficient evidence supported the premeditation and deliberation element of his first degree murder conviction; (2) denial of equal protection because an aider and abettor of an assault may be convicted of murder, without any finding of malice, under the natural and probable consequences doctrine; and (3) ineffective assistance of counsel for failing to interview and present a witness – appeared colorable under § 2254 and…