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Ochoa v. Davis

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jun 30, 2016
Case No.: CV 99-11129 DSF (C.D. Cal. Jun. 30, 2016)
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Summary

denying ineffective assistance of counsel claim where petitioner argued defense counsel should have presented evidence during the mitigation phase of a dysfunctional childhood and brain damage because the evidence could have been interpreted as showing that petitioner was "irretrievably broken"

Summary of this case from Marks v. Chappel
See 2 Summaries

Opinion

Case No.: CV 99-11129 DSF

06-30-2016

LESTER OCHOA, Plaintiff, v. RON DAVIS, Acting Warden, California State Prison at San Quentin, Defendant

DALE S. FISCHER UNITED STATES DISTRICT JUDGE

JUDGMENT

For the reasons set forth in the Memorandum and Order Denying and Dismissing Third Amended Petition for Writ of Habeas Corpus, issued simultaneously with this judgment, Petitioner Lester Ochoa's Third Amended Petition for Writ for Habeas Corpus, filed on December 18, 2007 is DENIED and DISMISSED. Pursuant to its own motion, the Court declines to issue a certificate of appealability. This order constitutes the final disposition of the Third Amended Petition by the Court. Consistent with this order, the Court vacates the stay of execution entered on November 18, 1999.

IT IS SO ORDERED.

Dated: 6/30/16

/s/_________

DALE S. FISCHER

UNITED STATES DISTRICT JUDGE

Summaries of

Ochoa v. Davis

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jun 30, 2016
Case No.: CV 99-11129 DSF (C.D. Cal. Jun. 30, 2016)

denying ineffective assistance of counsel claim where petitioner argued defense counsel should have presented evidence during the mitigation phase of a dysfunctional childhood and brain damage because the evidence could have been interpreted as showing that petitioner was "irretrievably broken"

Summary of this case from Marks v. Chappel

denying habeas claim premised on racial basis in imposing the death penalty where Petitioner cited only to "studies that include[d] no proof whatsoever of a pattern of racial differentiation in the imposition of the death penalty in the State of California," and where Petitioner had "presented no evidence that purposeful racial discrimination played a role in any aspect of this case"

Summary of this case from Marks v. Chappel
Case details for

Ochoa v. Davis

Case Details

Full title:LESTER OCHOA, Plaintiff, v. RON DAVIS, Acting Warden, California State…

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jun 30, 2016

Citations

Case No.: CV 99-11129 DSF (C.D. Cal. Jun. 30, 2016)

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