Summary
denying habeas relief on a challenge to the giving of CALCRM 3472 where evidence was introduced at trial from which a jury could have inferred the petitioner provoked the confrontation in order to create an excuse to use self-defense and where the jury could have disregarded the instruction if they agreed with petitioner' s interpretation of the evidence
Summary of this case from Guajardo v. Warden, High Desert State PrisonOpinion
CASE NO. ED CV 12-01599 PSG (RZ)
2013-10-08
OBADIAH BALDWIN, Petitioner, v. CYNTHIA Y. TAMPKINS, WARDEN, Respondent.
JUDGMENT
This matter came before the Court on the Petition of OBADIAH BALDWIN, for a writ of habeas corpus. Having reviewed the Petition and supporting papers, and having accepted the findings and recommendation of the United States Magistrate Judge,
IT IS ORDERED AND ADJUDGED that the Petition is denied and the action is dismissed with prejudice.
______________________
PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE