Anderson v. Walker
Decision Date | 07 November 2011 |
Docket Number | No. CIV S-10-1649 JAM CHS,CIV S-10-1649 JAM CHS |
Court | U.S. District Court — Eastern District of California |
Parties | FREDRICK ANDERSON, Petitioner, v. JAMES WALKER, Warden, Respondent. |
Anderson, a state prisoner, proceeds pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. At issue are his 2007 convictions in the Sacramento County Superior Court, case number 06F02395, for which he is serving an aggregate sentence of 26 years and four months in state prison.
During a 48-hour crime spree, Anderson and his co-defendants, David Bustamante and Christian Rangel, robbed multiple victims at three different locations. Miguel Rangel, (Christian Rangel's brother) was additionally involved in one of the robberies; he pleaded no contest and his case was severed. Christian Rangel was tried separately. At the joint trial of Anderson and Bustamante, evidence was adduced as follows:
People v. Anderson, No. 2623972, 2008 WL 2623973, at 1 -2 (Cal. App. 3rd Dist. 2008).
On this evidence, a jury convicted Anderson of four counts of first degree robbery and two counts of second degree robbery. The trial court sentenced him to an aggregate state prison term of 26 years and four months.
Anderson appealed his convictions to the California Court of Appeal, Third District, where judgment was affirmed in an unpublished opinion. Petition for review to the California Supreme Court was denied. Anderson filed multiple state habeas corpus petitions which were likewise denied. The parties agree that Anderson exhausted state remedies with respect to grounds one through six; respondent asserts, however, that ground seven is unexhausted and therefore barred in this court. Respondent additionally asserts that ground fouris procedurally barred for Anderson's failure to object to the alleged constitutional violation at trial.
Anderson claims:
For the reasons that follow, the grounds are without merit and relief should be denied.
An application for writ of habeas corpus by a person in custody under judgment of a state court can be granted only for violations of the Constitution or laws of the United States. 28 U.S.C. §2254(a); see also Peltier v. Wright, 15 F.3d 860, 861 (9th Cir. 1993); Middleton v. Cupp, 768 F.2d 1083, 1085 (9th Cir. 1985) (citing Engle v. Isaac, 456 U.S. 107, 119 (1982)). This petition for writ of habeas corpus was filed after the effective date of, and thus is subject to, the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). Lindh v. Murphy, 521 U.S. 320, 326 (1997); see also Weaver v. Thompson, 197 F.3d 359 (9th Cir. 1999). Under the AEDPA, federal habeas corpus relief is also precluded for any claim decided on the merits in state court proceedings unless the state court's adjudication of the claim:
28 U.S.C. § 2254(d); see also Penry v. Johnson, 532 U.S. 782, 792-93 (2001); Williams v. Taylor, 529 U.S. 362, 402-03 (2000); Lockhart v. Terhune, 250 F.3d 1223, 1229 (9th Cir. 2001).
This court looks to the last reasoned state court decision to determine whether the law applied to a particular claim by the state courts was contrary to the law set forth in the cases of the United States Supreme Court or whether an unreasonable application of such law has occurred. Avila v. Galaza, 297 F.3d 911, 918 (9th Cir. 2002), cert. dismissed, 538 U.S. 919. The state court's factual findings are presumed correct if not rebutted with clear and convincing evidence. 28 U.S.C. § 2254(e)(1); Taylor v. Maddox, 336 F.3d 992, 1000 (9th Cir. 2004). It is the habeas corpus petitioner's burden to show the state court's decision was either contrary to or an unreasonable application of federal law. Woodford v. Visciotti, 537 U.S. 19, 25 (2002).
Anderson claims there was insufficient evidence that he aided and abetted the March 16 robbery of Ronald Wu. He points out that he did not appear in any of the surveillance photographs, that he was not identified by Wu as having been present at the scene of the crime, and that Wu did not accurately describe the car he was subsequently stopped driving.
The Due Process Clause of the Fourteenth Amendment protects an accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged. In re Winship, 397 U.S. 358, 364 (1970). On habeas corpus review, sufficient evidence supports a conviction so long as, "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S.307, 319 (1979); see also Prantil v. California, 843 F.2d 314, 316 (9th Cir. 1988) (per curiam).
The Jackson standard is applied "with explicit reference to the substantive elements of the criminal offense as defined by state law." Davis v. Woodford, 384 F.3d 628, 639 (9th Cir. 2004) (quoting Jackson, 443...
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