United States District Court, E.D. California
K. SINGLETON, JR., SENIOR UNITED STATES DISTRICT JUDGE
Albert James Giger, Jr., a former state prisoner proceeding
pro se, filed a Petition for a Writ of Habeas Corpus
with this Court pursuant to 28 U.S.C. § 2254. The
Petition indicates that Giger was discharged to parole prior
to the filing of the Petition. Respondent has answered, and
Giger has not replied.
17, 2016, Giger was charged with two counts of assault with a
deadly weapon (a knife and a bicycle chain) in connection
with a 2016 altercation with a security guard. The
information further alleged as to both counts that Giger
personally used a deadly weapon. On direct appeal of his
conviction, the California Court of Appeal laid out the
following facts underlying the charges against Giger:
The victim was a uniformed security guard, patrolling near a
pizza restaurant in the afternoon. He saw two men sleeping on
a nearby hill and asked them to move. They said okay.
The victim returned to his rounds, but when he came back, the
two men were again sleeping on the hill. The victim again
asked them to leave. One of the loiterers said he was just
sneaking in a nap but would leave. Ten minutes later, the men
still had not left. The victim told them it was time to go.
At that point, [Giger] arrived on his bike and rode between
the victim and the two men, staring at the victim as he left.
When [Giger] returned, he yelled to the two men that they did
not have to listen to the victim, who was not a security
The victim approached [Giger] and [Giger] said, “Oh,
man, I'm just looking out for their best interest. I just
wanted them to have a chance. I didn't want you to send
them to jail.” The victim tried to take [Giger's]
picture, but [Giger] pushed the phone away as the victim held
[Giger] then punched the victim in the temple. The victim
wrestled [Giger] to the ground and tried to pin him down.
[Giger] had his bike in front of him, and as the two
struggled on the ground, the bike stayed between them. During
the struggle, the victim held down a button on his phone to
At some point, the victim saw [Giger] had a silver multi-tool
in his hand. [Giger] was wielding it like a knife and tried
to stab the victim with it. The victim received stab marks on
his boot and bruises on his foot.
After he saw the tool, the victim stood up. At some point, he
was able to take the tool from [Giger] and throw it toward a
nearby building. [Giger] then sat on the ground as though he
was out of energy.
The victim turned his back and talked with the 911 operator.
He then heard the two loiterers say, “No, no, don't
do it.” The victim turned to see [Giger] wielding the
chain from his bike and a bike seat.
[Giger] swung the chain at the victim's face. The victim
blocked with his arm, leaving a welt and swelling that took
several weeks to heal.
The victim saw another security guard and hollered and waved.
Seeing the other security guard, [Giger] put his chain and
seat back on his bike and rode off. After he was arrested,
the victim identified [Giger] to the police. When he did,
[Giger] asked, “Are you even a fucking security
People v. Giger, No. C083347, 2019 WL 394633, at
*1-2 (Cal.Ct.App. Jan. 31, 2019).
pled not guilty and proceeded to a jury trial on July 11,
2016. At the conclusion of trial, the jury found Giger guilty
as charged. The trial court subsequently ...