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10-832 - (HC) Smith v. Salinas

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10-832 - (HC) Smith v. Salinas
June 21, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 6/20/11 DENYING 15 Motion to Dismiss. (Dillon, M)
January 31, 2014
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MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 1/31/14 ORDERING that Claims One and Two of Smith's Petition for a Writ of Habeas Corpus (regarding the sufficiency of the evidence to substantiate the Board's denial of parole and whether the prosecution violated the plea agreement) are DENIED. Claim Three (regarding whether the application of Proposition 9 violated the Ex Post Facto Clause) is DISMISSED WITHOUT PREJUDICE. The Court declines to issue a Certificate of Appealability. The Clerk is to enter judgment accordingly. CASE CLOSED (Kastilahn, A)