The following excerpt is from Olivera-Beritan v. Asuncion, Case No. 16cv2646-CAB (PCL) (S.D. Cal. 2017):
consecutive terms of life without the possibility of parole, plus consecutive terms of 25 years to life and 19 years. (Id.) He claims his federal constitutional rights were violated because there is insufficient evidence apart from uncorroborated accomplice testimony to support all but two of his convictions (claim one); he is not guilty of two murders under the post-conviction decision in People v. Chiu, 59 Cal.4th 155, 167 (2014) (holding that "a defendant cannot be convicted of first degree premeditated murder under the natural and probable consequences doctrine" of aider and abettor liability) (claim two); the admission of hearsay testimony of a statement by his co-defendant violated his right to confrontation (claim three); there was purposeful racial discrimination in jury selection which appellate counsel failed to raise on appeal (claim four); his role in the murders is not sufficiently major to support a sentence of life without the possibility of parole (claim five); he was prejudiced by the denial of his motions for dual juries and severance of his trial from his co-defendant, and he received ineffective assistance of counsel by trial counsel's failure to seek severance of the counts against him and appellate counsel's failure to raise those claims on appeal (claim six); the trial court erred in its evidentiary rulings and discovery orders regarding the gang enhancement evidence (claim seven); the trial court imposed a restitution fine without a determination of his ability to pay, and he received ineffective assistance of trial and appellate counsel by their failure to challenge the fine (claim eight); and his state court habeas petitions were denied on the pretext that he failed to present a prima facie case for relief (claim nine). (Id. at 9-70.)
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