“Denied, without prejudice, for failure to state a prima facie case for habeas relief.”
Laying on the top bunk of the San Quentin cell assigned to me, I read those words on the California State Appellate Court’s one-page ruling over and over. “Without prejudice” means you can refile the same issue in that same court—something that does not usually happen. This was not exactly the decision I wanted, but at least they left the door open for me to resubmit the appeal I had filed in February, which included new evidence.
I had prayed that the court would decide that the homicide I committed was justified, reverse my conviction and begin the process of having me released. I was recovering from a COVID-19 infection that caused a pounding headache, chills, weakness and the feeling that my nasal passages were closing. My illness made the need to be free more urgent than ever.
