Sierra

Sierra v. People of the State of California

Good Law
United States District Court, Northern District of CaliforniaSeptember 27, 20234:23-cv-00691California1,048 words

Opinion

Trial Court Opinion

DISCUSSION

I. Standard of Review

19 This court may entertain a petition for a writ of habeas corpus “in behalf of a person in 20 custody pursuant to the judgment of a State court only on the ground that he is in custody in 21 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). It 22 shall “award the writ or issue an order directing the respondent to show cause why the writ should 23 not be granted, unless it appears from the application that the applicant or person detained is not 24 entitled thereto.” Id. § 2243.

II. Petitioner’s Claims

26 Petitioner sets forth three grounds for federal habeas relief: (1) insufficient evidence to 27 support the jury’s finding of kidnapping special circumstance; (2) prosecutorial misconduct during closing argument; and (3) a violation of the right to confrontation on cross-examination. See Dkt. No. 1 at 5-8. Liberally construed, these claims are cognizable under § 2254, and merit an answer from Respondent. III. Motion to Appoint Counsel Petitioner has filed a motion seeking the appointment of counsel. Dkt. No. 2. The Sixth Amendment right to counsel does…

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