IN the UNITED STATES DISTRICT COURT for the EASTERN DISTRICT of CALIFORNIA MANORA EK, Petitioner, Vs. MIKE Mcdonald,1 Warden
Case 2:08-cv-00962-JWS Document 31 Filed 03/09/10 Page 1 of 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MANORA EK, No. 2:08-cv-00962-JWS Petitioner, MEMORANDUM DECISION vs. MIKE McDONALD,1 Warden (A), High Desert State Prison, Respondent. Petitioner Manora Ek, a state prisoner appearing though counsel, has filed a petition for habeas corpus relief under 28 U.S.C. § 2254. Ek is currently in the custody of the California Department of Corrections and Rehabilitation, incarcerated at the High Desert State Prison. Respondent has answered, and Ek has replied. I. BACKGROUND/PRIOR PROCEEDINGS Following a jury trial, Ek, along with two co-defendants, Hong Le and Khammay Keomanivong, were found guilty in the San Joaquin County Superior Court of first-degree murder (Cal. Penal Code § 187), with two special circumstances, discharging a firearm from a motor vehicle with the intent to inflict death (Cal. Penal Code § 190.2(a)(21)), being an active participant in a criminal street gang and carrying out the murder to further the activities of the gang (Cal. Penal Code § 190.2(a)(22)), and six counts of attempted murder (Cal. Penal Code §§ 187, 664) against six identified ASW members. As to all of these counts, the jury found two 1 Mike McDonald, Warden (A), High Desert State Prison, is substituted for Tom Felker, Warden, High Desert State Prison. Fed. R. Civ. P. 25(d). Case 2:08-cv-00962-JWS Document 31 Filed 03/09/10 Page 2 of 20 firearm enhancements (Cal.
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