Opinion

Cox v. Burton

Court
District Court, N.D. California
Filed
Feb 3, 2021
Cited by
0 cases
Authority
More cited than 18.7%

“The 10 question of whether the Missouri courts had jurisdiction to sentence Poe was one solely of state law 11 and is therefore not properly before this court.”

How later courts described this case

  • “The 10 question of whether the Missouri courts had jurisdiction to sentence Poe was one solely of state law 11 and is therefore not properly before this court.”
  • “it is not the province of a 19 federal habeas court to reexamine state-court determinations on state-law questions”
  • “a ‘mere error of state law’ is not a 18 denial of due process”
  • denying habeas relief because 8 “[d]etermination of whether a state court is vested with jurisdiction under state law is a function of 9 the state courts, not the federal judiciary.”

Written by the judges who cited it.

The opinion

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4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

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7 ANTJUAN DARNELL COX, Case No. 20-cv-08417-SI

8 Petitioner,

ORDER OF DISMISSAL

9 v.

Re: Dkt. No. 1

10 ROBERT BURTON,

11 Respondent.

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13 Antjuan Darnell Cox, a prisoner housed at the California Health Care Facility in Stockton,

14 filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition

15 is now before the court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing

16 Section 2254 Cases in the United States District Courts.

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18 BACKGROUND

19 The petition provides the following information: Antjuan Darnell Cox pled nolo contendere

20 and was convicted in Alameda County Superior Court of second degree robbery with use of a

21 firearm and attempted murder. See Docket No. 1 at 1. He was sentenced on March 18, 2010 to “25

22 years/35 years concurrent.” Docket No 1 at 1. Cox did not file an appeal, but did file unsuccessful

23 habeas petitions in the state courts. He then filed this action.

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25 DISCUSSION

26 This court may entertain a petition for writ of habeas corpus “in behalf of a person in custody

27 pursuant to the judgment of a State court only on the ground that he is in custody in violation of the

1 considering an application for a writ of habeas corpus shall “award the writ or issue an order

2 directing the respondent to show cause why the writ should not be granted, unless it appears from

3 the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243.

4 The petition for writ of habeas corpus presents a single claim for relief. Cox alleges that his

5 Fourteenth Amendment right to due process was violated because the judges who presided over his

6 criminal case in Alameda County Superior Court “were without plenary power to adjudicate and

7 render a final judgment upon petitioner because of their failure to perfect title upon their perspective

8 [sic] offices.” Docket No. 1 at 5. Specifically, the judges “may have violated their oath of office

9 by failing to file their oaths in the office of the California Secretary of State as mandated by law.”

10 Docket No. 1-1 at 2.1 Cox urges that this failure to “perfect title to the [judicial] office” resulted in

11 the superior court lacking jurisdiction over his case. He does not contend that the judges never took

12 an oath of office, but only that they failed to file their oaths of office properly.

13 The petition for writ of habeas corpus must be dismissed because it asserts only a state law

14 violation. Federal habeas relief is only available for a violation of the petitioner’s rights under “the

15 Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). Violations of state law

16 are not remediable on federal habeas review, even if state law was erroneously interpreted or

17 applied. See Swarthout v. Cooke, 562 U.S. 216, 222 (2011) (“a ‘mere error of state law’ is not a

18 denial of due process”); Estelle v. McGuire, 502 U.S. 62, 67–68 (1991) (“it is not the province of a

19 federal habeas court to reexamine state-court determinations on state-law questions”). Any failure

20 to comply with California’s oath-filing requirement would be a state law error that cannot be

21 addressed in a federal habeas action. Although Cox alleges that the failure to comply with the

22 California laws regarding the filing of the oath office also amounted to a due process violation, he

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1The law the judges allegedly failed to comply with is California Government Code section

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1363(a)(3), which provides: “Each judge of a superior court, the county clerk, the clerk of the court,

25 the executive officer or court administrator of the superior court, and the recorder shall file a copy

of his or her official oath, signed with his or her own proper signature, in the office of the Secretary

26 of State as soon as he or she has taken and subscribed his or her oath.” Cox also urges that the

failure to file a copy of the oath with the California Secretary of State violated the California Political

27 Code, but that Code was repealed and replaced by the California Government Code in 1943. See

1 “may not transform a state-law issue into a federal one merely by asserting a violation of due

2 process.” Langford v. Day, 110 F.3d 1380, 1389 (9th Cir.), cert. denied, 522 U.S. 881 (1997). He

3 cites no cases – nor has the court found any cases – holding that a state court judge’s failure to file

4 his or her oath of office with a state governing or record-keeping body deprives the judge or court

5 of jurisdiction over a criminal case or violates a criminal defendant’s federal right to due process.

6 The jurisdiction of a court to preside over state criminal matters generally is a state-law

7 question. See Wills v. Egeler, 532 F.2d 1058, 1059 (6th Cir. 1976) (denying habeas relief because

8 “[d]etermination of whether a state court is vested with jurisdiction under state law is a function of

9 the state courts, not the federal judiciary.”); Poe v. Caspari, 39 F.3d 204, 207 (8th Cir. 1994) (“The

10 question of whether the Missouri courts had jurisdiction to sentence Poe was one solely of state law

11 and is therefore not properly before this court.”).

12 Many lower courts have dismissed federal habeas claims that a defect in the judge’s oath

13 filing obligation deprives the state criminal court of jurisdiction. See, e.g., Caldwell v. Sherman,

14 2020 WL 6694321, at *4–5 (C.D. Cal. Sept. 21, 2020) (“whether a state trial judge had

15 an oath of office on record at the time of a conviction or sentence is purely a matter of state law that

16 is not cognizable on federal habeas review”); Davis v. Ryan, 2020 WL 2520182, at *4 (D. Ariz. May

17 18, 2020) (recommending denial of habeas relief because “even if Petitioner had demonstrated a

18 problem with Judge Coury’s oath, this would present a pure state-law question not cognizable

19 on habeas review” and “given Petitioner’s failure to challenge the qualifications or oath of the judge

20 who sentenced him . . . [, he] also fails to show the alleged failure to follow state procedures resulted

21 in the deprivation of a substantive right”); Davis v. Shinn, 2020 WL 4455465, at *8–9 (D. Ariz.

22 Mar. 20, 2020), report and recommendation adopted sub nom. Davis v. Ryan, 2020 WL 2520182

23 (D. Ariz. May 18, 2020) (dismissing habeas petitioner’s claim that State of Arizona lacked

24 jurisdiction because judge had not been sworn into office at the time petitioner was convicted as a

25 noncognizable state law claim); Coleman v. Brown, 2017 WL 1233333, at *1 (N.D. Cal. Apr. 4,

26 2017) (noting that habeas claim that state court judges who presided over criminal trial did not

27 timely file their oaths of office was dismissed because it was an error of state law); Tighe v.

1 cognizable where “judges who presided over [the petitioner’s] case failed to comply with Michigan

2 law governing their oaths of office.”); Jones v. Ryan, 2010 WL 2035794, at *4–5 (D. Ariz. May 20,

3 2010), report and recommendation adopted sub nom. Jones v. Walker, 2010 WL 2491455 (D. Ariz.

4 June 17, 2010) (finding that allegation that trial judge lacked authority to preside over criminal trial

5 due to her failure to renew her oath of office failed to state a cognizable federal habeas claim

6 because petitioner was “only asserting a violation of state law regarding the presiding judge's

7 qualifications”); cf. Jimenez v. Fourth Judicial Dist. Attorney's Office, 663 F. App’x 584, 586–87

8 (10th Cir. 2016) (dismissing § 1983 claim, stating “we are aware of no authority which would

9 support a claim that this type of technical error in a state judicial appointment [i.e., failure to file the

10 oath of office with the Secretary of State in accordance with state law] is a violation of Due

11 Process.”).

12 Cox cites two cases, but neither one provides authority for his proposition that a failure to

13 comply with the state’s filing requirement for an oath of office amounts to a due process violation.

14 His first case, Pobursky v. Papagni, 2013 WL 321695 (E. D. Cal. Jan. 24, 2013), involved a petition

15 that made such a claim but the court dismissed the petition as moot and never reached the merits of

16 the claim. His other case, Norton v. Lewis, 34 Cal. App. 621 (Cal. Ct. App. 1917), held that a

17 member of the board of supervisors who failed to promptly file a bond upon being reelected to his

18 office forfeited his right to the office. The court in Norton did not discuss judicial authority nor

19 whether a judgment entered by a judge who had not filed an oath of office was legally deficient, let

20 alone violative of a criminal defendant’s constitutional rights.

21 The state criminal court judges’ alleged failure to file their oaths of office with the California

22 Secretary of State may have been a violation of state law, but did not amount to a violation of Cox’s

23 Fourteenth Amendment right to due process. The only claim that Cox presents in his petition for

24 writ of habeas corpus is a state-law claim that cannot support federal habeas relief. The petition

25 must be dismissed.

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1 CONCLUSION

2 For the foregoing reasons, the petition for writ of habeas corpus is DISMISSED. Due to the

3 dismissal of the petition for failure to state a claim, the court need not reach the question of whether

4 || the petition filed more than a decade after the conviction was timely filed. The clerk shall close the

5 file.

6 IT IS SO ORDERED.

7 Dated: February 3, 2021 Site WU tee

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SUSAN ILLSTON

9 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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