Opinion
S262339
07-22-2020
MELSON (ALONZO DEVON) ON H.C.
B300469 Second Appellate District, Div. 1
Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division One, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Second Appellate District, Division One. That court is ordered to vacate its summary denial dated April 1, 2020, and is further ordered to issue an order to show cause, returnable before the Los Angeles County Superior Court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause, when the matter is placed on calendar, why petitioner is not entitled to relief based on petitioner's claims that (1) he received ineffective assistance of trial counsel when counsel failed to adequately argue for the exclusion of witness Pedro Sabino's photo lineup identification of petitioner and failed to consult or present an eyewitness identification expert and (2) that the cumulative effect of the errors alleged in the petition deprived him of due process.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.