Whether the evidence was insufficient to establish that the petitioner committed a kidnapping for robbery, and whether the conviction violates the petitioner's due process rights

QUESTIONS PRESENTED ae WHETHER THE PEOPLE SUBMITTED INSUFFICIENT EVIDENCE THAT 3] PETITIONER COMMITTED A KIDNAPPING FOR ROBBERY, AND SINCE THE. CONVICT4) ION, HERE VIOLATES PETITIONER'S RIGHTS TO DUE PROCESS UNDER THE FOUR-. _| TEENTH, AMENDMENT TO THE U.S. CONSTITUTION, PETITIONER'S CONVICTION > |) MUST BE REVERSED. P.22 | 6 , 7 : : © 41 . | WHETHER THE LOWER COURT RULINGS IN UPHOLDING PETITIONER'S 3] conviction FOR KIDNAPPING FOR ROBBERY, DISREGARDS WELL-SETTLED CASE 9| LAW THAT ESTABLISHS THAT MOVEMENT OF A VICTIM, COMPLETELY WITHIN THE 10] VICTIM'S HOME, IS GENERALLY INSUFFICIENT TO. ESTABLISH THE ELEMENT OF _,, | ASPORTATION. P. 25 . y a Se ‘WHETHER THE EVIDENCE FAILED TO ESTABLISH THAT PETITIONER 14) Was THE PERPETRATOR OF THE OFFENSE. P.23 oo Is} ” oo 16 _ iv | WHETHER THE LOWER COURT OPINION: ERRED IN ITS APPLICATION | | 17) op WELL-SETTLED FEDERAL CONSTITUTIONAL LAW IN REQUIRING PETITIONER. ~ 18 | TO DEMONSTRATE THAT THE FAILURE OF THE POLICE TO PRESERVE EXCULPATORY |: 19 |. EVIDENCE WAS THE PRODUCT OF BAD FAITH ON THE PART OF THE POLICE, WHERE 40. THE EXCULPATORY VALUE OF THE EVIDENCE WAS CLEAR THUS NO SUCH SHOWING ~~ . WAS REQUIRED. P. 28 oO ; an ae 53 _ WHETHER THE MISCARRIAGE OF JUSTICE WAS DEFINED IN THE of OVERWHELMING EVIDENCE POINTING TO FACTUAL INNOCENCE WAS CONSCIOUSLY _ 24] DISREGARDED FOR PROVEN GUILT TO A CRIME NOT POSSIBLY HAVING COMMITTED. a5 P. 37 , : eon WHETHER PETITIONER 1S FACTUALLY INNOCENT IN COMMITTING 27| THE CRIME OF KIDNAPPING AND ALL OTHER CHARGING ARE NOT APPLIABLE FOR 28 CHARGING UNDER THE CRIMINAL CONDUCT BASED ON EXCESSING THE JURISDICa . | | (a) oo } |TION, OF THE COURT. P. 37 oo 5 WHETHER PETITIONER HAS BEEN DISADVANTAGE BY THE FRAUDULENT ~ | CONVEYANCE IN THAT KIDNAPPING IS THE CONDUCT OF MOVING A PERSON FROM 3 |THE BEDROOM, INTO THE BATHROOM, IN ORDER TO CIRCUMVENT THE STATUTORY 4|TIME PERIORD. P. 25. , . | 71 WHETHER THE STATE COURT ALLEGED IN A COLD. CASE OCCURRING IN | _ 611983, CHARGES OF ROBBERY, ASSAULT WITH A DEADLY WEAPON COULD BE IM— 7} POSED,. BASE ON THE VICTIM WAS KIDNAPPED WHEN SHE WAS*MOVED FROM THE BEDROOM TO THE BATHROOM. THE COURT STATED, KIDNAPPING IS A LIFE SEN| ‘S/ TENCE, APPLICATION AND-HAS NO TIME LIMITATION TO BE ASSERTED IN THE OI YEAR 2011. p. 31 | mo, ro 5 ay _ WHERE\THEREFORE THE PETITIONER REQUEST THIS COURT TO GRANT A 12) WRIT OF CERTIORARI OR THE FILING UNDER FEDERAL CIVIL CODE PROCEDURE 13/60 (b), AS THE FINDING OF GUILT UNDER KIDNAPPING, AS REFERENCE TO THE VICTIM MOVE FROM THE BEDROOM TO THE BATHROOM WAS AN UNAUTHORIZED AND 14) UNCONSTITUTIONAL CONVICTION AS THE RECORD WAS UNSUPPORTIVE TO THE . 15 | CRIMINAL CONDUCT OF KIDNAPPING, BUT THE COURT USED THE STATUTORY LAN16 | CUAGE, AS A MEAN TO IMPOSE’ A PROLONG CONDITION OF CONFINEMENT IN _[ EXCESS OF THE JURISDICTION OF THE COURT. P, 37 oo J. ve , ; IS JEXHIBITS: ' PRIOR FILINGS 7 _ '9 \EXHIBIT-A SUPREME COURT OF CAL. $249477 (6-14-2018 oO So , © 49 JEXHIBIT-B PROBATION REPORT (3-29-11) | ; oo ““ |EXHIBIT-C MINUTE ORDER (3-10-2019) oo ; 31 /EXHIBIT-D FEDERAL HABEAS CORPUS (11-13-2018)case no. 2:18-03957 “* |EXHIBIT-E OPPOSITION TO DENIAL (7-19-18). ; oe, : 22 JEXHIBIT-F REQUEST FOR STAY .CN. 2-18-cv-06957 CJC-KES _ EXHIBIT-G NOTICE OF CLOSE DATE 2-25-2019 ; 23 JEXHIBIT-H OBJECTION TO THE REPORT AND RECOMMENDATION DATE 2-3-2019 |~ [EXHIBIT-L. ORDER: DENYING CERTIFICATE OF APPEALABILITY DATE 2-12-2020 24 |EXHIBIT-J JUDGEMENT © 2-25-2019 oe EXHIBIT K MOTION FOR ENLARGEMENT OF TIME 1-13-2019 ; me, 25 JEXHIBIT-L ORDER ACCEPTING REPORT AND RECOMANDATION OF MAGISTRATE JUDGE , 2-25-2019 76 \EXHIBIT-M REQUEST FOR COA DATE 3-28-2019 | ; . EXHIBIT-N SECOND APPELLATE DISTRICT CASE NO. B285971 27 |EXHIBIT-0 SUPERIOR COURT LA COUNTY CASE NO. KA0504 9-27-2017 , 2s | ; | ; oe , | | _ (2) 1 ; : . IN THE co oO SUPREME COURT OF THE UNITED STATES 2 , PETITION FOR WRIT OF CERTIORARI : 4 petitioner respectfully prays that a writ of certiorari issue | to review the judgement below. ; : 1° 6 OPINIONS BELOW 7 /FOR CASES FROM