Barillas
Barillas v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE HUMBERTO BARILLAS, Case No. 22-cv-02957-AMO (PR)
Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS AND
v. REQUIRING ELECTION BY
PETITIONER REGARDING MIXED
JOHN MERCHANT, Acting Warden, PETITION Respondent. Re: Dkt. No.
Petitioner Jose Humberto Barillas, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state conviction of multiple crimes for sexually abusing a child. On June 19, 2017, the Santa Clara County Superior Court sentenced Barillas to a term of 80 years in state prison for violating California Penal Code §§ 288.5 and 288(b)(1). Dkt. 1 at 1-2.2 On direct appeal, the California Court of Appeal affirmed the judgment on December 17, 2020.3 People v. Barillas, No. H045024, 2020 WL 7395996, *4 (Cal. Ct. App. Dec. 17, 2020). On March 10, 2021, the California Supreme Court denied Barillas’s petition for review. Dkt. 1,…