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Civil Rights
Prisoners' Rights
Writ of Habeas Corpus

Jesse Quezada v. W.L. Montgomery, Warden

Published: Dec. 3, 2016 | Result Date: Oct. 26, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:16-cv-00897-CJC-AFM Bench Decision –  Petition Denied

Court

USDC Central


Attorneys

Plaintiff

Pro Per


Defendant

Lance E. Winters
(Office of the Attorney General)

Theresa A. Patterson

Gerald A. Engler
(Office of the Attorney General)

Kenneth C. Byrne
(Office of the Attorney General)

Kamala D. Harris


Facts

Jesse Quezada filed a habeas petition against Warden W.L. Montgomery, challenging his murder convictions.

Quezada was convicted of first and second-degree murders with gun and gang enhancements.

Contentions

PETITIONER'S CONTENTIONS:
Petitioner contended there was insufficient evidence to support his first-degree murder and gang murder special circumstance and gang enhancement allegations.

RESPONDENT'S CONTENTIONS:
The California Court of Appeal rejected petitioner's claims for insufficient evidence. Consequently, petitioner's claim was barred.

Result

The magistrate judge determined that the evidence presented at trial was sufficient to support the first-degree murder convictions as well as the attendant gang enhancement and special circumstance. Accordingly, the magistrate judge recommended the denial of Quezada's habeas petition and the dismissal of the action. The district judge subsequently adopted the magistrate judge's findings and recommendations. Accordingly, the district court denied the petition and dismissed with prejudice.


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