Opinion

Charles Edward Allen v. People of the State of California

Court
District Court, C.D. California
Filed
Oct 8, 2020
Cited by
0 cases
Authority
More cited than 17.9%

Romero claim is not cognizable on federal 6 || habeas review

How later courts described this case

  • Romero claim is not cognizable on federal 6 || habeas review
  • “[T]his 27 || argument presents state-law foundation and admissibility questions that raise no 28 || federal habeas issues.” (citing Estelle v. McGuire, 502 U.S. 62, 68 (1991))
  • “Merely showing 2 || that access to evidence was denied does not establish a constitutional violation.” 3 | (citing United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982))

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 | CHARLES EDWARD ALLEN, Case No. 2:17-cv-09239-PSG-MAA

Petitioner, ORDER ACCEPTING REPORT AND

ep Sree bee

14 | W.L. MONTGOMERY, Warden,

15 Respondent.

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18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other

19 || records on file herein, and the Report and Recommendation (“R&R”) of the United

20 || States Magistrate Judge. Further, the Court has engaged in a de novo review of

21 || those portions of the R&R to which objections have been made. For the reasons

22 || below, Petitioner’s Objections are overruled.

23 Petitioner objects under Ground One that his constitutional rights were

24 || violated because two state court judges denied Petitioner’s requests to have his

25 || defense investigator inspect the crime scene, based on the judges’ mistaken belief

26 || that they lacked authority to grant the requests (“Objections”). (Objs., ECF No. 59,

27 | at 9, 14-15.) But even assuming it were true that the judges improperly denied the

28 || requests because they misperceived their authority, this does not entitle Petitioner to

1 || relief. See Murray v. Schriro, 882 F.3d 778, 809 (9th Cir. 2018) (“Merely showing

2 || that access to evidence was denied does not establish a constitutional violation.”

3 | (citing United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982))). Contrary to

4 || Petitioner’s suggestion that the error was structural, (Objs., at 15), a showing of

5 || prejudice was required, see United States v. Dring, 930 F.2d 687, 693 (9th Cir.

6 || 1991). Petitioner did not show prejudice because he did not plausibly argue in the

7 || state court why access to the crime scene was necessary, and because other sources

8 || of evidence were accessible to him (such as photographs and witnesses) about the

9 || particular features of the crime scene. (See R&R, ECF No. 55, at 19.)

10 Petitioner next objects under Ground Two that his constitutional rights were

11 || violated by the denial of his motion pursuant to Pitchess v. Superior Court, 11 Cal.

12 || 3d 531 (1974), for information from the personnel files of the police officers who

13 || helped investigate the crimes. (Objs., at 10, 15-16.) Habeas relief for this claim is

14 || unwarranted because Petitioner did not make, for each officer, “a preliminary

15 || showing that the file contains information material to his defense.” See Harrison v.

16 | Lockyer, 316 F.3d 1063, 1066 (9th Cir. 2003).

17 Petitioner next objects under Ground Three that his right to present a defense

18 || was violated by the trial court’s refusal to allow Petitioner use of a mannequin at

19 || trial to demonstrate that it would have been impossible for Petitioner to have

20 || attacked the victim in the manner the victim alleged. (Objs., at 11, 16-18.) The

21 || California Court of Appeal opined that such a demonstration was inadmissible

22 |} because it “would most certainly be misleading and confusing for the jury.” (R&R,

23 | at 25.) Although Petitioner disagrees that it would have been misleading, by

24 || arguing that “an appropriate mannequin comparable to [the victim’s] height could

25 || have been selected,” (Objs., at 18), Petitioner’s argument is not subject to federal

26 || habeas review, see Johnson v. Sublett, 63 F.3d 926, 931 (9th Cir. 1995) (“[T]his

27 || argument presents state-law foundation and admissibility questions that raise no

28 || federal habeas issues.” (citing Estelle v. McGuire, 502 U.S. 62, 68 (1991))). And

1 although Petitioner further argues that he was barred from “cross-examining [the

2 || victim] with a demonstrative aid simply because he was a pro/per litigant,” (Objs.,

3 || at 18), this argument is unsupported by the record. Nothing in the record suggests

4 || that Petitioner’s status as a pro per defendant during trial was the reason why the

5 || demonstration with a mannequin was denied. Rather, the demonstration was

6 || denied because it would have turned the victim’s cross-examiner, regardless of

7 || whether that cross-examiner was a pro per defendant or an attorney, into an

8 || unsworn witness. (R&R, at 24-25.)

9 Petitioner next objects under Ground Four that his state-created right to pro

10 || per library privileges was revoked in violation of due process. (Objs., at 11-12,

11 || 19-21.) He first argues that he “was not given proper notice” of the disciplinary

12 || proceeding that led to the revocation of his library privileges. (/d., at 12, 19.) To

13 || the extent that Petitioner is arguing that he did not receive a “written statement by

14 || the factfinders as to the evidence relied on and reasons for the disciplinary action,”

15 || see Wolff v. McDonnell, 418 U.S. 539, 564 (1974), the record permits a strong

16 || inference that he did. Officer Hinton declared that he gave Petitioner a copy of the

17 || disciplinary decision. (R&R, at 37.). The declaration was consistent with

18 || subsequent events, specifically, Petitioner’s objections to the decision. (/d.)

19 Petitioner also argues under Ground Four that he was improperly denied “the

20 || ability to present witnesses in his defense at the jail administrative hearing” that led

21 | to the revocation of his library privileges. (Objs., at 12, 19.) However, Petitioner’s

22 || right to present witnesses was not absolute, and jail officials did not violate due

23 || process by accepting the witnesses’ written statements in lieu of live testimony.

24 || (R&R, at 36.) Petitioner also argues under Ground Four that he should have

25 || received access to online legal research. (Objs., at 12, 19.) However, Petitioner

26 || never requested access to online legal research, and there was no right to such

27 || research, under either federal or state law. (R&R, at 38-39.)

28 || ///

1 Petitioner finally objects under Ground Five that the trial court abused its

2 || sentencing discretion under People v. Superior Court (Romero), 13 Cal. 4th 497

3 || (1996), by declining to dismiss his prior strike convictions. (ECF No. 59 at 12, 22—

4 || 23.) This claim is not cognizable on federal habeas review. See Brown v. Mayle,

5 || 283 F.3d 1019, 1040 (9th Cir. 2002) (Romero claim is not cognizable on federal

6 || habeas review), judgment vacated on other grounds, 538 U.S. 901 (2003). More

7 || broadly, Petitioner’s argument does not state a claim. Petitioner is not arguing that

8 || the trial court misunderstood its sentencing discretion, refused to hear Petitioner’s

9 |) arguments, or otherwise conducted a procedurally flawed sentencing hearing.

10 || Petitioner is only arguing that the result of the sentencing hearing, i.e., the actual

11 |} sentence imposed, was wrong because his prior strike convictions should have been

12 |} dismissed as remote in time. (Objs., at 22-23.) This argument does not raise a due

13 || process claim. See McQueary v. Blodgett, 924 F.2d 829, 833 (9th Cir. 1991)

14 || (where a habeas petitioner had “a full and fair opportunity to have his case heard”

15 || and only challenges “the substantive result’ or “the actual sentence itself,” he does

16 || not raise “a cognizable constitutional claim on the facts alleged” (emphasis in

17 || original)).

18 IT IS THEREFORE ORDERED that (1) the Report and Recommendation of

19 | the Magistrate Judge is accepted; and (2) Judgment shall be entered denying the

20 || Petition and dismissing this action with prejudice.

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22 || DATED: poly Zoi

LZ.

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25 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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