In re Martinez, S141480
Petition for writ of habeas corpus is denied and order to show cause discharged where in light of Medeelin, defendant is precluded from renewing his claim under the Vienna Convention on Consular Relations since he previously raised the issue and was denied relief on its merits. Defendant's petition is thus successive, and he fails to demonstrate any change of circumstance or the applicability of any exception to the procedural bar of successiveness that would warrant reconsideration of his claim.
- Decided 06/29/2009
- Published 06/29/2009
Supreme Court of California
Chet L. Taylor, Los Angeles, and Sandra L. Babcock, Chicago, IL, for Petitioner Omar Fuentes Martinez.
Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkens and Ivy Fitzpatrick, Deputy Attorneys General, for Respondent State of California.