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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2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 1 12 BRIAN DEAN HEDLIN, 13 14 15 Petitioner, No. C 12-03560 RS ORDER TO SHOW CAUSE v. GREG LEWIS, Warden, Respondent. 16 ____________________________________/ 17 This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a represented 18 prisoner of Pelican Bay State Prison. Petitioner alleges that an unconstitutional jury instruction 19 on liability under an aiding and abetting theory, an improper reference by the prosecutor, the 20 denial of severance of trial, and the deprivation of an opportunity to present a defense of lesser 21 culpability, resulted in his wrongful conviction for first degree murder, two counts of 22 premeditated murder, false imprisonment and first degree burglary. The state trial court 23 sentenced petitioner to an aggregate term of 80 years and 8 months to life in prison. Judgment 24 was affirmed on appeal by the California Court of Appeal, and a timely petition for review was 25 denied. Petitioner has exhausted his opportunities for relief in state court. Liberally construed, 26 petitioner’s claims for relief appear cognizable for habeas review. 27 28 ORDER Respondent is ordered to show cause why this petition should not be granted. 2 Respondent shall file its response with the Court and serve on petitioner, within ninety (90) days 3 of the date of this Order. If petitioner wishes to respond to the answer, he shall do so by filing a 4 traverse with the Court and serving it on respondent’s counsel within thirty (30) days of the date 5 the answer is filed. 6 IT IS SO ORDERED. 7 8 DATED: 1/17/13 _______________________________ RICHARD SEEBORG United States District Judge 9 10 11 For the Northern District of California United States District Court 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER 2

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