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HOLGUIN v. HARRISON

No. C 05-01118 CRB.

399 F.Supp.2d 1052 (2005)

Anthony HOLGUIN, Petitioner, v. Michael HARRISON, in his capacity as Warden of the California State Prison, Los Angeles County, in Lancaster, Respondent.

United States District Court, N.D. California.

September 16, 2005.

Attorney(s) appearing for the Case

David J. Sepanik, Michael F. Tubach, O'Melveny & Myers LLP, San Francisco, CA, James Abbott Bowman, Esq., O'Melveny & Myers, Los Angeles, CA, for Petitioner.

Bruce Ortega, California State Attorney's Office, San Francisco, CA, for Respondent.

OPINION

BREYER, District Judge.

Petitioner Anthony Holguin, a mentally retarded 17-year old boy, was convicted of first degree murder after a jury trial. There was no physical evidence linking him to the crime; instead, he was convicted primarily on the basis of his multiple confessions and one eyewitness. He seeks a Writ of Habeas Corpus on the grounds that his rights to Miranda warnings and effective assistance of counsel were violated.

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