United States District Court, E.D. California
K. SINGLETON, JR. Senior United States District Judge.
Bub Haywood, a state prisoner proceeding pro se,
filed a Petition for a Writ of Habeas Corpus with this Court
pursuant to 28 U.S.C. § 2254. Haywood is in the custody
of the California Department of Corrections and incarcerated
at Folsom State Prison. Respondent has answered, and Haywood
April 30, 2012, Haywood was charged with being a felon in
possession of a firearm (count 1); negligently discharging a
firearm (count 2); misdemeanor evading a peace officer (count
3); misdemeanor resisting a police officer (count 4); and
misdemeanor driving on a suspended license (count 5). The
information further alleged that Haywood had suffered a prior
serious felony conviction. Haywood pled not guilty to all
counts and denied the allegation. On direct appeal of his
conviction, the California Court of Appeal laid out the
following facts underlying the charges against Haywood:
On a rainy new year's evening in 2011, a Sacramento
police officer noticed a Chevrolet "muscle car"
driving with its lights off. The officer turned on the
overhead lights of his police car, but the Chevrolet sped
away. After a few minutes, the Chevrolet spun out, and the
driver, who was [Haywood], fled on foot, jumping over some
residential fences. The officer, who had been chasing
[Haywood], stopped and called for backup when he heard a
gunshot. The backup officers found [Haywood] a short time
later in a nearby backyard. They could not find a firearm.
Within a few hours of [Haywood's] arrest, a forensic
police investigator took gunshot residue test samples from
[Haywood's] hands. The samples were examined by forensic
criminalist Jason Hooks under an electron scanning
microscope. On the sample taken from [Haywood's] right
palm, Hooks found four particles of gunshot residue. From
that finding, it was Hooks's opinion [Haywood] fired a
weapon, handled a weapon, or was in the vicinity of a fired
weapon. Eight days later, a gun was found in a backyard
approximately 44 feet from where [Haywood] was arrested.
People v. Haywood, No. C071389, 2013 WL 3466811, at
*1 (Cal.Ct.App. July 10, 2013).
1, 2012, Haywood proceeded to a jury trial. On May 9, 2012,
the jury returned guilty verdicts on counts 3 through 5 but
was unable to reach a unanimous verdict on counts 1 and 2.
The trial court subsequently declared a mistrial as to those
counts. On May 11, 2012, the court denied probation and
sentenced Haywood to one year in county jail on count 3 along
with concurrent jail commitments on counts 4 and 5.
9, 2012, the prosecutor filed a second amended information
recharging Haywood with counts 1 and 2 as well as re-alleging
the prior serious felony conviction. The same day, a second
jury trial commenced. At the conclusion of that trial, the
jury returned guilty verdicts on both counts. After Haywood
waived his right to a jury trial on the prior conviction
allegations, the court found them to be true. The court then
sentenced Haywood to an aggregate state imprisonment term of
counsel, Haywood appealed his conviction, arguing that he was
denied the effective assistance of counsel at trial for a
variety of reasons and he was prejudiced by the cumulative
effect of trial counsel's errors. The Court of Appeal
unanimously affirmed the judgment against Haywood in an
unpublished, reasoned opinion issued on July 10, 2013.
Haywood, 2013 WL 3466811, at *3. Haywood petitioned
the California Supreme Court for review, which was denied
without comment on September 18, 2013.
timely filed a pro se Petition for a Writ of Habeas
Corpus to this Court on September 17, 2014. See 28
U.S.C. § 2244(d)(1)(A).
argues that his trial counsel rendered ineffective assistance
by: 1) failing to object to testimony on gunshot residue
("GSR") as unreliable; 2) not challenging the GSR
expert's qualifications; 3) not effectively
cross-examining the GSR expert; 4) failing to offer
counter-expert testimony on the inadequacies of the GSR
expert's analysis; and 5) successfully moving to exclude
Haywood's misdemeanor convcitions and marijuana
possession. He additionally ...