In re JOSE GUADALUPE AMEZQUITA on Habeas Corpus

DispositionDescription: Petition summarily denied by order; Disposition Type: Final

DocketDescription: Case complete.

DocketDescription: Order denying petition filed.; Notes: The court has read and considered the petition for writ of habeas corpus filed November 8, 2021. The petition is denied. Petitioner is procedurally defaulted from challenging the judgment due to his inadequately explained delay in seeking relief. (In re Clark (1993) 5 Cal.4th 750, 783.) Additionally, petitioner's claims could have been, but were not, raised on appeal. Therefore, he is barred from raising them in a petition for writ of habeas corpus. (In re Harris (1993) 5 Cal.4th 813, 826; Clark, supra, 5 Cal.4th at p. 756; In re Waltreus (1965) 62 Cal.2d 218, 225.) Petitioner fails to demonstrate an exception should apply, as the evidence he offers is not "evidence that has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative, collateral, or impeaching." (Pen. Code, 1473, subd. (b)(3)(B).) Nor is the evidence "credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome of trial." (Pen. Code, 1473, subd. (b)(3)(A).) Further, petitioner fails to establish a prima facie case of ineffective assistance of counsel. (See Strickland v. Washington (1984) 466 U.S. 668, 689-691, 693-694.)

DocketDescription: Filed proof of service.; Notes: Proof of service on trial court and Attorney General

DocketDescription: Letter sent to:; Notes: Notice of non-compliance mailed to petitioner.

DocketDescription: Petition for a writ of habeas corpus filed.