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Martinez v. Campbell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 18, 2009

KENNETH LEE MARTINEZ, PETITIONER,
v.
ROSEANNE CAMPBELL, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

On February 17, 2009, this court denied Petitioner Kenneth Lee Martinez' ("Petitioner") application for a writ of habeas corpus. (Doc. Nos. 74, 91.) On March 16, 2009, Petitioner filed a motion for reconsideration. (Doc. No. 93.) In this motion, Petitioner claims that he did not know he needed to challenge the accuracy of the California Court of Appeal's factual findings. Id. at 1-2. Petitioner maintains that he had previously challenged the court's factual findings in his motion for stay and abeyance (doc. no. 23). Id. at 2. Petitioner submits this version of the facts as an exhibit to the motion for reconsideration.

This court has reviewed Petitioner's factual submission. Petitioner's statement of facts supplements the Court of Appeal's factual findings with additional, and extraneous, events. Additionally, Petitioner's factual submission reiterates that the victim recanted at trial, and he provides an explanation as to how the victim sustained her injuries. These facts were already considered by this court. As the California Court of Appeal stated, and as this court included in its order denying Petitioner's application for a writ of habeas corpus:

At trial, R. repudiated her prior accounts inculpating defendant, including her stories to the police and her preliminary hearing testimony. She claimed she assaulted defendant repeatedly during the episode, while defendant hit and kicked her only once near the end of the episode and only in self-defense. According to R., she was jealous about defendant's imagined infidelity and was drinking heavily throughout the episode. She suffered almost all her injuries either from falling off a gate when she jumped a fence at the Thornton residence or from falling off a ladder when trying to kick defendant.

People v. Martinez, 23 Cal. Rptr. 3d 508, 512 (Cal. Ct. App. 2005). Petitioner's factual submission fails to differ from the evidence this court previously considered when it denied his application for a writ of habeas corpus.

Based on the foregoing it is therefore ORDERED that:

1. Petitioner's motion for reconsideration is DENIED; and,

2. The clerk of the court shall notify Petitioner of this Order.

20090318

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