Singleton

Singleton v. Neuschmid

Good Law
United States District Court, Northern District of CaliforniaOctober 5, 20213:19-cv-00428-WHOCalifornia3,877 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TERRENCE M. SINGLETON, Case No. 19-cv-00428-WHO (PR)

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

JASON PICKETT, Respondent.

12 INTRODUCTION Petitioner Terrence M. Singleton seeks federal habeas relief under 28 U.S.C. § 2254 from his California state convictions for robbery on grounds that the charges (and one jury instruction) were not supported by sufficient evidence. His claims lack merit. There was sufficient evidence that: the stolen items were obtained through force or fear, as shown by the frightened reactions of the victims; his identity was established by his presence in the vehicle and fleeing from police; he had constructive possession of the stolen items because he exited a vehicle containing his fellow robbers and the stolen items; and, for that reason, the jury instruction on making permissive inferences based on constructive possession was appropriate. The petition is DENIED. …

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