Rocky Mountain Bank -v- Google, Inc.

Filing 839

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Rocky Mountain Bank -v- Google, Inc. Doc. 839 1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GERALD A. ENGLER Senior Assistant Attorney General 4 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 ALLAN YANNOW, State Bar No. 63257 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5955 7 Fax: (415) 703-1234 Email: Allan.Yannow@doj.ca.gov 8 9 Attorneys for Respondent 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RAPHAEL BARRETO, Petitioner, v. M. MARTEL, Warden (A), Respondent. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION C 08-2008 MHP (pr) ANSWER TO ORDER TO SHOW CAUSE Respondent hereby provides this answer to the order to show cause why the petition for writ of habeas corpus should not be granted. I. CUSTODY Petitioner is in the custody of the California Department of Corrections and 26 Rehabilitation after having been convicted of committing multiple sex offenses. Petitioner was 27 sentenced to a determinate term of 44 years and to a consecutive indeterminate term of 15 years 28 to life. Answer to Order To Show Cause Barreto v. Martel, Warden C 08-2008 MHP (pr) 1 Dockets.Justia.com 1 2 3 II. EXHAUSTION The Court of Appeal affirmed the conviction. The California Supreme Court denied 4 review. Petitioner has no available and unexhausted state remedies. 5 6 7 III. RECORDS SUBMITTED The clerk's transcript is Exhibit A. The reporter's transcript is Exhibit B. The opening 8 brief is Exhibit C. Respondent's brief is Exhibit D. The reply brief is Exhibit E. The opinion of 9 the Court of Appeal is Exhibit F. The Petition for Review and Order Granting Review are 10 Exhibit G. The Order Dismissing Review is Exhibit H. 11 12 IV. DENIAL OF CLAIMS 13 Respondent denies all allegations in the Petition for Writ of Habeas Corpus except for those 14 expressly admitted in the accompanying Memorandum of Points and Authorities. 15 Wherefore, respondent respectfully requests that the petition for writ of habeas corpus 16 be denied. 17 18 19 20 21 22 23 24 25 26 27 28 AY:eaw Answer to Order To Show Cause Barreto v. Martel, Warden C 08-2008 MHP (pr) Dated: January 2, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General PEGGY S. RUFFRA Supervising Deputy Attorney General /s/ Allan Yannow ALLAN YANNOW Deputy Attorney General Attorneys for Respondent 2 1 20169486.wpd 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Answer to Order To Show Cause Barreto v. Martel, Warden C 08-2008 MHP (pr) 3

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