Jaivonne Flenory-Davis v. Suzanne M. Perry, Warden, California Correctional Center, Susanville
Published: Jul. 23, 2016 | Result Date: Jul. 8, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-00425-JKS Bench Decision – Petition Denied
Court
USDC Eastern
Attorneys
Petitioner
Respondent
David A. Eldridge
(Office of the Attorney General)
Brian G. Smiley
(Office of the Attorney General)
Facts
Petitioner Jaivonne Flenory-Davis was convicted of first-degree murder, with the personal and intentional discharge of a firearm, and for the benefit of a street gang. He was also convicted of attempted murder with the personal and intentional use of a firearm, causing great bodily injury, and for the benefit of a street gang. He filed a petition for writ of habeas corpus in federal court.
Contentions
PETITIONER'S CONTENTIONS:
Petitioner contended that during his trial, an accomplice's testimony was not sufficiently corroborated, the trial court erred by using an inflammatory "kill zone" instruction that it did not define, and the prosecutor committed multiple instances of misconduct.
RESPONDENT'S CONTENTIONS:
Respondent contended that the petition should be dismissed because some of petitioner's claims were defaulted and all were denied for lack of merit.
Result
The court denied Flenory-Davis' petition, concluding that he was not entitled to any relief on any grounds raised.
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