Facts

Saul Gutierrez filed a petition for habeas relief against Warden Marten Biter.

A jury convicted Gutierrez, along with his co-defendants, of two counts of attempted, willful, deliberate, and premeditated murder and found true gang and great bodily injury enhancements. Gutierrez received a 30-years-to-life sentence plus a consecutive three-year term for the great bodily injury enhancement.

PETITIONER'S CONTENTIONS:
Petitioner alleged, among other things, that there was insufficient evidence to support his conviction for attempted deliberated and premeditated murder. Petitioner also alleged that the trial court abused its discretion in admitting certain inflammatory photographic evidence and that the eyewitness was unreliable and insufficient. Petitioner further contended that there was insufficient evidence to support the jury's finding that the crime was gang-related, and the cumulative errors warranted a reversal.

RESPONDENT'S CONTENTIONS:
Respondent denied petitioner's allegations and requested the dismissal of the petition with prejudice. Among other things, respondent claimed that relitigation of petitioner's claims was barred because they had been previously rejected on the merits on direct appeal and was subsequently denied review by the state Supreme Court.

Result

The district court ultimately dismissed the action with prejudice.