Eatmon

Eatmon v. Warden

Good Law
United States District Court, Northern District of CaliforniaJuly 17, 20234:20-cv-05596California8,481 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KENDELL EATMON, Case No. 20-cv-05596-HSG

Plaintiff, ORDER DENYING PETITION FOR

WRIT OF HABEAS CORPUS;

v. DENYING CERTIFICATE OF

APPEALABILITY

WARDEN, et al., Re: Dkt. No. 1 Defendants.

12 Petitioner Kendell Eatmon filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction and sentence in Alameda County Superior Court. Dkt. No. 1 (“Pet.”). Petitioner is currently serving an aggregate state sentence of 52 years to life imprisonment for murder, possession of a firearm by a felon, and shooting at an occupied motor vehicle, with enhancements for personal use of a firearm resulting in great bodily injury. See Dkt. No. 4-6, Ex. D at CT178–86. Respondent has filed an answer, Dkt. No. 4 (“Answer”), and Petitioner has filed a traverse, Dkt. No. 8. The Court has carefully considered the briefs submitted by the parties. For the reasons set forth below, the petition is DENIED. I. …

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