White v. McDowell
Decision Date | 14 April 2017 |
Docket Number | Case No. 1:14-cv-01214 LJO MJS (HC) |
Court | U.S. District Court — Eastern District of California |
Parties | JAMES E. WHITE, Petitioner, v. NEIL MCDOWELL, Warden, Respondent. |
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.Respondent, Neil McDowell, warden of Ironwood State Prison, is hereby substituted as the proper named respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.Respondent is represented by Tami M. Krenzin of the office of the Attorney General.
Petitioner is currently in the custody of the California Department of Corrections pursuant to a judgment of the Superior Court of California, County of Merced, following his conviction by jury trial on May 31, 2011, for first degree murder, felon in possession of a firearm, and felon in possession of a prohibited weapon.(Clerk's Tr.at 628-31.)On August 16, 2011, Petitioner was sentenced to an indeterminate term of twenty-five (25) years to life.(Id.)
Petitioner filed a direct appeal with the California Court of Appeal, Fifth Appellate District, which affirmed the judgment on April 16, 2013.(Lodged Docs. 1-4.)Petitioner sought review from the California Supreme Court.(Lodged Docs. 5-6.)The California Supreme Court denied review on July 17, 2013.
Petitioner did not file any collateral challenges to his conviction.
On August 4, 2014Petitioner filed the instant federal habeas petition.(Pet., ECF No. 1.)On May 31, 2016, Petitioner filed a second amended petition.(ECF No. 30.)Petitioner presents three claims in the second amended petition: (1) that evidence of vandalism of the victim's home should not have been admitted; (2) that the trial court erred in admitting evidence of Petitioner's domestic violence prior offense; and (3) that the prosecution committed misconduct by improperly arguing facts outside of evidence during closing statements.(Id.)
Respondent filed an answer to the petition on March 30, 2016.(ECF No. 21.)As the second amended petition was filed after Respondent's answer, Respondent was provided an opportunity to amend his answer.Respondent notified the Court that amendment of the answer was not necessary.(ECF No. 33.)The matter stands ready for adjudication.
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