Albert A. Larche v. Mark Simons, Judge Municipal Court
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WIGGINS, Circuit Judge.
Facts
On October 10, 1989, petitioner Albert Larche was convicted by a jury in a California municipal court of two misdemeanors: corporal injury on a spouse and drawing or exhibiting a firearm. He was sentenced to one year in county jail and three years probation.
Larche sought habeas corpus relief in federal court under 28 U.S.C. § 2254. The district court dismissed Larche’s petition without prejudice. It found it undisputed both that Larche had failed to request certification from the superior court to the California Court of Appeal, as is permitted under California…
2Cases cited22 opinions
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