California, United States of America
The following excerpt is from People v. Kelly, A131531 (Cal. App. 2012):
15. In his habeas petition, appellant states that, after he was convicted, he asked counsel why he had not pointed out "several key factors" during closing argument. According to appellant, counsel responded that the trial court made him cut his argument short and that appellant's appellate attorney should contact him so he could "explain the trial court imposing a limitation on . . . closing argument." Appellant further states that his appellate attorney later said that defense counsel had told him that, "although he felt rush[ed], he could have objected if he needed more time." Appellant has presented no declarations related to the conversations he describes in his habeas petition, and the record does not provide evidence of a time limit imposed by the trial court. (See People v. Duvall (1995) 9 Cal.4th 464, 474 [habeas petition must include copies of all reasonably available documentary evidence supporting a claim, including affidavits or declarations].)
16. In a separate order, we also deny appellant's petition for writ of habeas corpus.
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