Barillas

Barillas v. Hill

Good Law
United States District Court, Northern District of CaliforniaAugust 15, 20223:22-cv-02957California858 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE HUMBERTO BARILLAS, Case No. 22-cv-02957-SVK

Plaintiff,

ORDER TO SHOW CAUSE

v.

JAMES S. HILL, Defendant.

INTRODUCTION Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the filing fee. For the reasons stated below, respondent is ordered to show cause why the petition should not be granted. DISCUSSION A. Background On June 19, 2017, the Superior Court of California for the County of Santa Clara sentenced petitioner to a term of 80 years in state prison for violating California Penal Code §§ 288.5 and 288(b)(1). (ECF No. 1 at 1-2.) On direct appeal, the California Court of Appeal affirmed the judgment on July 18, 2019. (Id. at 3.) The California Supreme Court denied petitioner’s request for direct review on December 7, 2020. (Id.) Petitioner subsequently filed a state habeas petition in the Sixth District Court of…

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