Hedlin v. Lewis

Filing 5

ORDER TO SHOW CAUSE. Signed by Judge Richard Seeborg on 1/17/13. (cl, COURT STAFF) (Filed on 1/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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BRIAN DEAN HEDLIN,

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Petitioner,

No. C 12-03560 RS
ORDER TO SHOW CAUSE

v.
GREG LEWIS, Warden,

Respondent.
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This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a represented
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prisoner of Pelican Bay State Prison. Petitioner alleges that an unconstitutional jury instruction
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on liability under an aiding and abetting theory, an improper reference by the prosecutor, the
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denial of severance of trial, and the deprivation of an opportunity to present a defense of lesser
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culpability, resulted in his wrongful conviction for first degree murder, two counts of
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premeditated murder, false imprisonment and first degree burglary. The state trial court
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sentenced petitioner to an aggregate term of 80 years and 8 months to life in prison. Judgment
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was affirmed on appeal by the California Court of Appeal, and a timely petition for review was
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denied. Petitioner has exhausted his opportunities for relief in state court. Liberally construed,
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petitioner’s claims for relief appear cognizable for habeas review.
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ORDER

Respondent is ordered to show cause why this petition should not be granted.

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Respondent shall file its response with the Court and serve on petitioner, within ninety (90) days

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of the date of this Order. If petitioner wishes to respond to the answer, he shall do so by filing a

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traverse with the Court and serving it on respondent’s counsel within thirty (30) days of the date

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the answer is filed.

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IT IS SO ORDERED.

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DATED: 1/17/13
_______________________________
RICHARD SEEBORG
United States District Judge

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For the Northern District of California

United States District Court

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ORDER

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