Summary
finding California law allows lay opinion testimony if the opinion is rationally based on the witness's perceptions and that it was reasonable for counsel not to object if he feared the objection could lead the prosecutor to lay a foundation that could be more damaging to the petitioner's defense
Summary of this case from Aguon v. MontgomeryOpinion
NO. CV 12-4268-GHK (MAN)
02-23-2015
LARRY NAVARETTE, Petitioner, v. G.D. LEWIS, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Petitioner's Objections to the Report. The Court has conducted a de novo review of those matters to which objections have been stated in writing. The Court accepts the findings and recommendations set forth in the Report.
Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment shall be entered dismissing this action with prejudice. DATED: 2/23/15.
/s/_________
GEORGE H. KING
UNITED STATES DISTRICT JUDGE