Calderon

Calderon v. Bonta

Good Law
United States District Court, Northern District of CaliforniaAugust 16, 20235:22-cv-03487California1,813 words

Opinion

Trial Court Opinion

I. BACKGROUND

12 In March 1993, a Santa Clara County Superior Court jury found Petitioner guilty of 13 second degree murder of his month-old son and two counts of felony child endangerment. 14 Dkt. No. 16 at 2; Dkt. No. 16-1 at 3. The trial court sentenced Petitioner to 21 years to life 15 in state prison. Id. 16 In 1994, the California Court of Appeal affirmed the conviction in an unpublished 17 opinion. Dkt. No. 16-1. 18 Petitioner did not petition for review in the California Supreme Court. Dkt. No. 16 19 at 2. 20 A review of the California Appellate Courts Case Information website shows that 21 Petitioner filed habeas petitions in the California Court of Appeal in 1997 (No. H017544) 22 and in 2012 (No. H038953). Id. 23 On June 6, 2021, Petitioner filed a habeas petition in the Santa Clara County 24 Superior Court, which denied the petition on September 13, 2021. Dkt. No. 1 at 35-36. 25 In November and December 2021, Petitioner filed two additional habeas petitions in 26 the Santa Clara County Superior Court, one of which was denied in February 2022. Id. at 27 The California Appellate Courts Case Information website indicates that Petitioner filed habeas…

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