The following excerpt is from Brooks v. Borders, No. 2:19-CV-02277-JAM-DMC-P (E.D. Cal. 2020):
Petitioner filed the instant petition for a writ of habeas corpus on October 21, 2019. ECF No. 1 at 8. As with his fifth petition, he lists as grounds for the writ that California's second-degree murder statute is unconstitutionally "vague and divisive." Id. at 5. Petitioner's factual and legal arguments, however, variously contend that he is factually innocent of second-degree murder, that he was coerced into pleading guilty, that the plea agreement to which he agreed is invalid, that California has violated his plea agreement, that his conviction constituted a double jeopardy violation, and that a new constitutional right announced in Johnson v. United States, 576 U.S. 491 (2015) extends the time to file a petition. Id. at 9-19.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.