MARVIN BRYANT, Petitioner,
v.
T. FELKER, Warden, Respondent.

No. C 06-0005 CW (PR)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

2011 U.S. Dist. LEXIS 9091

Decided January 24, 2011
Opinion by District Judge Claudia Wilken:

Petitioner waived his right to a jury trial and was convicted of attempted murder, residential robbery, assault with a firearm, and residential burglary. (Resp. Memo. at 1.) On May 2, 2003, the trial court sentenced Petitioner to twenty-eight years. (Second Amended Petition (SAP) at 2.) The trial court found true the allegations of personal use of a firearm, intentional discharge of a firearm, and infliction of great bodily injury.

Quoting from The California Court of Appeal description of the facts:

Defendant was released because his clothing did not match the dispatch description of Raman’s attacker.

but

While being transported to the hospital Raman told police about the argument between Turner and Pamela, that three men had come to the door and he was not sure he could identify his attacker. He did say his attacker wore black clothing and a black beanie

and

Testifying on his own behalf, defendant admitted: vandalizing a car at age 14, an auto theft conviction at age 16, a 1997 arrest for possessing a “Ninja-rock,” used to break car windows, a 1998 arrest for stealing a video game, and a 1999 allegation of domestic violence by his girlfriend. Defendant said he was at Turner’s apartment when she came home upset that Pamela had called her a “black bitch.” He admitted he went with Westbrook and two other men to Pamela’s apartment to demand an apology. He said Westbrook, Raman and Pamela argued outside the Khannas’s apartment. Defendant denied saying anything or threatening the Khannas. He also denied returning to the Khannas’s apartment and having any involvement in the crimes committed.

Holding:

the petition for a writ of habeas corpus is denied.

Affirmed by, Bryant v. Felker, 464 Fed. Appx. 562, (9th Cir. Cal. 2011)

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