Hajek

BACKGROUND

22 In 1995, petitioner and his co-defendant, Loi Tan Vo, were convicted in Santa Clara County Superior Court of the first-degree murder of Su Hung. Evidence at trial showed that petitioner and Vo, who were both 18 years old, went to the home of 16–year–old Ellen Wang, 26 with whom petitioner had been arguing, and killed Hung, who was Wang's grandmother. The jury 27 found true the lying-in-wait and torture-murder special circumstances. Both petitioner and Vo were sentenced to death. People v. Hajek and Vo, 58 Cal. 4th 1144, 1157 (2014). 1 On August 6, 2012, petitioner filed a state habeas petition. In 2014, while petitioner’s state habeas petition was pending, the California Supreme Court affirmed his conviction and death sentence, but reversed the lying-in-wait special circumstance. Id. On January 29, 2020, the 5 California Supreme Court denied petitioner’s state habeas petition. 6 Petitioner filed a request for appointment of federal habeas counsel and stay of execution 7 in this Court on April 14, 2020. ECF Doc. No. 1. This request was granted. His case was 8 referred to the Selection Board for recommendation of…