Dennis Potts

Full title: DENNIS MICKJALE POTTS, Petitioner, v. JEFFREY BEARD, Secretary, Respondent.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Aug 7, 2014

Facts

On January 16, 2008, the San Diego County District Attorney’s Office filed an Information charging Dennis Mickjale Potts with two counts of murder, a violation of California Penal Code (Penal Code) § 187(a), and one count of conspiracy to obstruct justice, a violation of Penal Code § 182(a)(5). (Lodgment No. 1 at 0093-95.) The Information also charged a special circumstance allegation that Potts committed multiple murders. (Id.)

Following a jury trial, a jury found Potts guilty of all counts and found the special circumstance to be true. (Lodgment No. 1 at 0249-51.) Potts was sentenced to life without the possibility of parole on counts one and two, to be served consecutively, and three years in prison on the obstruction of justice count, also to be served consecutively. (Id. at 0254.)

Potts filed a direct appeal and concomitant petition for writ of habeas corpus of his conviction to the California Court of Appeal, Fourth Appellate District, Division  One. (Lodgment Nos. 3-5.) The state appellate court affirmed the convictions in an unpublished written opinion which addressed both the direct appeal and the habeas corpus petition. (Lodgment No. 6.)

Potts then filed a Petition for Review in the California Supreme Court, which denied the petition without citation of authority. (Lodgment Nos. 7-8.) Potts filed a second habeas corpus petition in the California Supreme Court, which also denied the petition without citation of authority. (Lodgment Nos. 9-10.)

Potts filed a Petition for Writ of Habeas corpus under 28 U.S.C. § 2254 in this Court on March 11, 2013 [ECF No. 1]. Respondent filed an Answer and Memorandum in Support of the Answer on August 16, 2013 [ECF No. 16]. Potts filed a Traverse on November 12, 2013 [ECF No. 21].

Issue

Decision

The Court submits this Report and Recommendation to United States District Judge Dana M. Sabraw under 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1(d)(4) of the United States District Court for the Southern District of California. For the reasons outlined above, the Court DENIES Petitioner’s request for appointment of counsel.

In addition, IT IS HEREBY RECOMMENDED that the Court issue an order: (1) approving and adopting this Report and Recommendation, and (2) directing that Judgment be entered DENYING the request for an evidentiary hearing and DENYING Petition for Writ of Habeas Corpus.

IT IS ORDERED that no later than August 29, 2014, any party to this action may file written objections with the Court and serve a copy on all parties. The document should be captioned “Objections to Report and Recommendation.”

IT IS FURTHER ORDERED that any reply to the objections shall be filed with the Court and served on all parties no later than September 19, 2014The parties are advised that failure to file objections within the specified time may waive the right to raise those objections on appeal of the Court’s order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst951 F.2d 1153, 1156 (9th Cir. 1991).

IT IS SO ORDERED.

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