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Civil Rights
Prisoners' Rights
Writ of Habeas Corpus

Christopher James Martinez v. Daniel Paramo, Warden

Published: Oct. 29, 2016 | Result Date: Sep. 28, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:14-cv-08348-CAS-AGR Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

David W. Beaudreau

Kurt D. Hermansen
(Law Offices of Kurt D Hermansen)


Defendant

Michael R. Johnsen
(Office of the Attorney General)

Lance E. Winters
(Office of the Attorney General)

Charles S. Lee
(Office of Attorney General)

Kamala D. Harris

Gerald A. Engler
(Office of the Attorney General)


Facts

Inmate Christopher Martinez filed a petition for habeas relief against Warden Daniel Paramo.

A jury convicted Martinez on three counts of sexual intercourse with a child 10 years or younger and one count of lewd act upon a child under 14. He received a total term of 8 years plus 75-years-to-life.

Contentions

PETITIONER'S CONTENTIONS:
Petitioner claimed he was denied his 6th Amendment right to counsel due to the trial court's alleged refusal to entertain his motion to discharge his trial counsel. He also asserted an ineffective assistance of counsel due to his counsel's failure to move to sever the counts. After failing on direct appeal, petitioner alleged ineffective assistance of appellate counsel and other claims.

RESPONDENT'S CONTENTIONS:
Petitioner was allegedly not entitled to habeas relief.

Result

The district court ultimately denied Martinez relief and dismissed the action with prejudice.


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