Shamoun

Shamoun v. People of the State of CA

Good Law
United States District Court, Southern District of CaliforniaJuly 19, 20213:20-cv-00909California2,351 words

Opinion

Trial Court Opinion

I. INTRODUCTION

20 On May 14, 2020, Petitioner Hadeer Shamoun filed a Petition for Writ of Habeas 21 Corpus pursuant to 28 U.S.C. § 2254. The operative Second Amended Petition (“SAP”) 22 challenges the San Diego County Superior Court’s May 18, 2018 denial of Shamoun’s 23 Application for Restoration of Sanity (San Diego County Superior Court Case No. 24 ECR11141) as moot. Dkt. No. 8. On December 8, 2020, Respondent filed an Answer and 25 lodged the state court record. Dkt. Nos. 11, 12. Shamoun did not file a Traverse. 26 Upon consideration of the SAP, Response, and all supporting documents, the Court 27 recommends DENYING the SAP. 28 II. FACTUAL AND PROCEDURAL BACKGROUND A. State Proceedings On January 8, 1996, the San Diego County Superior Court found Shamoun not guilty by reason of insanity on four counts of arson of an inhabited structure. Dkt. Nos. 8 at 2; 12-6 at 14; 12-10 at 2.1 On February 21, 1996, the Superior Court committed Shamoun to Patton State Hospital for twenty-two (22) years. Dkt. No. 12-6 at 99. On August 27, 1999, the Superior Court discharged Shamoun into the conditional release program’s (“CONREP”)…

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