In re Seijas
Larry Seijas was convicted of second degree murder and we affirmed his conviction in an unreported opinion. In this petition for a writ of habeas corpus Seijas contends his conviction was based on the false testimony of the prosecutions chief witness, Jonathan G. We conclude Seijas has failed to meet his burden of proving by a preponderance of the evidence Jonathan gave false testimony concerning Seijas involvement in the murder. Therefore, court deny the writ.
Finally, Court recognize that if Jonathan falsely testified about Seijas involvement in the shooting such false testimony, depending on its content, may have been substantially material and probative on the issue of Seijas guilt. Accordingly, Court's denial of the present writ petition is without prejudice to the filing of a new petition after the statute of limitations on perjury expires in November 2008, or sooner should evidence become available which adequately supports Seijas contention.
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