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Charles v. Luffy

United States District Court, N.D. California

September 24, 2014

WARREN K. CHARLES, Petitioner,
v.
R. LUFFY, Warden, Respondent.

ORDER TO SHOW CAUSE

EDWARD J. DAVILA, District Judge.

Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. Petitioner has paid the filing fee. (Docket No. 14.)

BACKGROUND

According to the petition, Petitioner was found guilty of residential burglary after a jury trial in Alameda County. (Pet. at 2.) Petitioner was sentenced under the three-strikes law to a life sentence in state prison. (Id.)

Petitioner appealed his conviction, and the state appellate court affirmed. (Id. at 5.) The state high court denied review. (Id.)

Petitioner filed the instant federal habeas petition on February 26, 2014.

DISCUSSION

A. Standard of Review

This court may entertain a petition for a writ of habeas corpus "in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a).

It shall "award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." Id . § 2243.

B. Legal Claims

Petitioner claims ineffective assistance of counsel during his trial, including failure to keep him informed and incompetent trial tactics. (Pet. at 3.) Petitioner claims he was prejudiced by counsel's deficient performance, and seeks re-sentencing. Liberally construed, these claims are cognizable under § 2254 and merit an answer from Respondent.

CONCLUSION

For the foregoing reasons and for good ...


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