Benjamin Cruz v. Warden, State Prison (2011)

DECISION

THE COURT:  I'm going to just comment very briefly.   I've heard the testimony in this case from the petitioner and from trial counsel as presented by respondent.   I've had the opportunity to review all of the exhibits, and in addition, more importantly, I have very carefully reviewed the briefs that were filed today by petitioner and respondent, pretrial briefs.

And in the spirit of efficiency and clarity, the Court is simply going to adopt the arguments that were proffered in the respondent's brief.   I've heard nothing in the testimony today nor was there anything in the petitioner's pretrial brief that would refute any of the arguments that were made either factually or as a matter of law;  therefore, the petition for habeas corpus is denied in this matter.

Thelma Santos, Judge

Santos, Thelma A., J.