United States District Court, N.D. California
ORDER TO SHOW CAUSE
J. DAVILA United States District Judge
a California prisoner, filed a pro se petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254,
challenging his state conviction. Petitioner has paid the
to the petition, Petitioner was found guilty by a jury in
Monterey County Superior Court of second degree murder. (Pet.
Attach. at 2.) Petitioner was sentenced on September 15,
1983, to a term of 15 years-to-life. (Pet. at 1.)
appealed his conviction to the state appellate court, and
then to the state high court which denied review in 1985.
(Pet. at 3.) Petitioner filed state habeas petitions, which
were also denied. (Id. at 3-4.)
filed a petition in the “Northern District Court of
Appeals, ” which was also denied. (Pet. at 4.)
filed the instant petition on February 24, 2017.
Standard of Review
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).
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.
asserts new evidence supports the petition, specifically: (1)
prosecutorial misconduct by the use of an informant's
false testimony; and (2) the trial court erred in admitting
the “electrophoresis” evidence because the
process was not reliable and the defense was disallowed an
independent test because the prosecution consumed all
available sample. (Pet. Attach. at ...