Battersby

Battersby v. PBSP Warden

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20235:22-cv-02911California900 words

Opinion

Trial Court Opinion

BACKGROUND

1 According to the petition, Petitioner was found guilty by a jury in Humboldt County 2 Superior Court of first-degree murder, assault with a deadly weapon, and first degree 3 burglary. Dkt. No. 1 at 2. Petitioner was sentenced to 7 years to life in state prison on 4 December 12, 2019. Id. at 1. Petitioner appealed the matter to the state appellate and high 5 courts but without success. Id. at 3. The California Supreme Court denied review on 6 February 8, 2021. Dkt. No. 1-6 at 9. 7 Petitioner filed the instant action on May 18, 2022. Dkt. No. 1.

9 DISCUSSION I. Motion to Stay The petition raises the following grounds for habeas relief: (1) numerous ineffective assistance of trial counsel claims, Dkt. No. 1 at 17-57; (2) solicitation of false testimony by the prosecution, id. at 58; (3) suppression of various exculpatory evidence by the prosecution, id. at 65; (4) ineffective assistance by trial counsel for failing to investigate 16 potential juror bias, and ineffective assistance of appellate counsel for failing to raise this 17 claim on appeal, id. at 76; (and (5) improper comments by the…

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