| 2013-06-14 |
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations: Petitioner filed this petition for a writ of habeas corpus under 28 U.S.C. 2254 seeking relief on the following grounds: 1) that he was denied effective assistance of tria l counsel because counsel failed to object to the wording of the verdict sheet, which Petitioner argues incorrectly did not incorporate references to the Extreme Emotional Disturbance ("EED")defense into any of the first-degree murder charg es; 2) that he was denied effective assistance of counsel because counsel did not object to the trial judge's oral charge to the jury, which Petitioner argues confused the jury; and 3) that he was denied effective assistance of counsel because c ounsel did not object to the prosecutor's reference during closing arguments toPetitioner's alleged sexual assault of one of the victims, which Petitioner claims was impermissibly inflammatory. Magistrate Judge Theodore H. Katz issued a Rep ort and Recommendation ("Report") in which he recommended that the petition be denied. As explained below, the Court concurs with the Report and Recommendation of Judge Katz, and adopts it in its entirety. Accordingly, the petition for a wr it of habeas corpus is hereby dismissed. This Court concurs with Magistrate Judge Katz's Report and Recommendation. As such, it is adopted as the Order of this Court, and the petition for a writ of habeas corpus is hereby DENIED. SO ORDERED. (Signed by Judge Richard Owen on 5/11/2013) (rsh) |
2013-06-14 09:08:02 |
66b21f014a7695f42057696d6cecf7a0bbf19d6b |