Ayers

Ayers v. Burton

Good Law
United States District Court, Northern District of CaliforniaNovember 29, 20215:21-cv-05806California1,839 words

Opinion

Trial Court Opinion

BACKGROUND

23 According to the petition, Petitioner was convicted of second degree murder (Cal. 24 Penal Code § 187), and sentenced to 15-years-to-life. Dkt. No. 1 at 1-2. Petitioner 25 challenged the most recent denial of parole in the state appellate and high courts, but 26 27 without success. Id. at 3-4. Petitioner filed the instant federal habeas petition on July 28, 2021. 3 DISCUSSION A. Standard of Review This court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). It shall “award the writ or issue an order directing the respondent to show cause 10 why the writ should not be granted, unless it appears from the application that the applicant 11 or person detained is not entitled thereto.” Id. § 2243. 12 B. Legal Claims 13 Petitioner claims that his right to due process was violated by the recent denial of 14 parole after a hearing on May 13, 2020. Dkt. No. 1 at 5; Dkt. No. 1-1 at 2. …

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