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Walker v. Beard

United States District Court, N.D. California

July 6, 2016

THELMEAS WALKER, JR., Petitioner,
v.
JEFFERY BEARD, Respondent.

          ORDER TO SHOW CAUSE; GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DOCKET NO. 5)

          HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE.

         Petitioner, a state prisoner proceeding gro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. Petitioner has filed a motion for leave to proceed in forma pauperis. (Docket No. 5.)

         BACKGROUND

         According to the petition. Petitioner was found guilty of forcible rape, residential robbery, and use of a firearm by a jury in Alameda County Superior Court. (Pet. at 1-2.) The jury also found true the enhancement allegations that Petitioner committed forcible rape while committing first degree burglary with the intent to commit a sexual offense. (Id.) Petitioner was sentenced on March 16, 2012, to "25 Years to life Plus 10." (Id.)

         Petitioner appealed his conviction to the state appellate court and then to the state high court. (Pet. at 2.)

         Petitioner filed the instant federal habeas petition on December 28, 2015.[1]

         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." IcL § 2243.

         B. Legal Claims

         Petitioner raise the following grounds for federal habeas relief: (1) his life sentence for a crime committed while he was a juvenile violates the Eighth Amendment, (Pet. at 6-7); (2) testimony regarding sexual assault trauma syndrome deprived him of a fair trial, (kL at 9-11); (3) improper jury instructions stating "proof of ejaculation was unnecessary" deprived him of a fair trial, (id at 12-14); and (4) the trial court's response to a jury inquiry regarding "intent-formed-after-entry-of-the-house" was inadequate and deprived him of his right to a fair trial, (id. at 14-16). Liberally construed, these claims are cognizable under §' 2254 and merit an answer from Respondent.

         CONCLUSION

         For the foregoing reasons and ...


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