The following excerpt is from Carter v. Rackley, No. 2:16-cv-0013 WBS DB P (E.D. Cal. 2019):
On March 6, 2002, petitioner filed a petition for writ of habeas corpus in this court, Carter v. Finn, 2:02-cv-0486-GEB-PAN (the "first federal petition" or "first petition"). There, petitioner raised four claims concerning the same 1997 stalking conviction underlying this case: (1) the trial court erred when it allowed the jury to consider unspecified criminal counts against petitioner; (2) the trial court erroneously excluded petitioner's spontaneous declaration as hearsay; (3) instructional error; and (4) sentencing error. This petition was dismissed as untimely on October 10, 2013.
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