Anthony Syharath v. W.L. Montgomery, Warden
Published: Sep. 24, 2016 | Result Date: Sep. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: 8:15-cv-00914-DTB Bench Decision – Dismissal
Facts
Anthony Syharath filed a habeas corpus petition against Warden W.L. Montgomery.
In May 2013, a jury found Syaharath guilty of aggravated assault with a deadly weapon, domestic battery with corporal injury, dissuading a witness by force or threat, and disobeying a court order. The jury also found true certain allegations, including personal use of a deadly weapon and malicious conduct. Finding true prior conviction and prison term allegations, the trial court ultimately sentenced Syaharath to 21 years in state prison. The Court of Appeal affirmed the judgment on direct appeal. The California Supreme Court subsequently summarily denied Syaharath's petition for review.
Contentions
PETITIONER'S CONTENTIONS:
Plaintiff claimed, among other things, that he was entitled to habeas relief because there was insufficient evidence to support his conviction. Plaintiff claimed the alleged victim "walked into four stab wounds" and/or cut herself repeatedly with a knife because she was "nuts."
RESPONDENT'S CONTENTIONS:
Defendants disagreed with plaintiff's assertions.
Result
The court denied Syaharath habeas relief.
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