Barrios v. Cisneros

• Decision Date: 10 May 2023
• Docket Number: 5:21-cv-02031-SB-LAL
• Parties: MANUEL ALEJANDRO BARRIOS, Petitioner, v. T. CISNEROS, Respondent.
• Court: U.S. District Court — Central District of California

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MANUEL ALEJANDRO BARRIOS, Petitioner, v. T. CISNEROS, Respondent.

No. 5:21-cv-02031-SB-LAL

United States District Court, C.D. California

May 10, 2023

ORDER ADOPTING REPORT AND RECOMMENDATION

Stanley Blumenfeld, Jr. United States District Judge

Pursuant to 28 U.S.C. § 636, the Court has reviewed the petition, Dkt. No. 1, the records on file, and the Report and Recommendation (R&R) of the United States Magistrate Judge, Dkt. No. 12.No objections were filed.

IT IS HEREBY ORDERED that:

1.The Court accepts and adopts the Magistrate Judge's R&R.

2.Judgment shall be entered denying and dismissing the Petition with prejudice.

3.The Clerk serve copies of this Order, the Magistrate Judge's R&R and the Judgment herein on Petitioner and on all counsel of record.

LET JUDGMENT BE ENTERED ACCORDINGLY.

FIELD 03/23/2023

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

HONORABLE LOUISE A. LA MOTHE UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Stanley Blumenfeld, Jr., United States District Judge, under the provisions of 28 U.S.C. § 636 and General Order 194 of the United States District Court for the Central District of California.

I.PROCEEDINGS

On November 29, 2021, Manuel Alejandro Barrios(“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254, with an attachment detailing his claims (“Pet. Att.”) and exhibits.On March 2, 2022, Respondent filed an Answer with an attached memorandum (“Ans.Memo”).On April 14, 2022, Petitioner filed a Traverse with an attached memorandum (“Trav.Memo”).Thus, this matter is ready for decision.///

II.PROCEDURAL HISTORY

On September 21, 2017, a San Bernardino County Superior Court(“Superior Court”) jury found Petitioner guilty of the second degree murder^[1] of Anthony Fuentes.(Volume 2 Clerk's Transcript (“CT”)at 230, 232;Volume 2 Reporter's Transcript (“RT”)at 452-B.)The jury found true the allegation that Petitioner personally used a deadly or dangerous weapon (a knife) in murdering Fuentes.^[2](2 CTat 231-32;2 RTat 452-B.)On October 20, 2017, the Superior Court sentenced Petitioner to 16 years to life in state prison.(2 CTat 249-52;2 RT at 460.)

Petitioner appealed his conviction to the California Court of Appeal raising three claims (which Petitioner raises as Claims Four, Eight and Nine in this case).(Lodgments 3-5.)On July 3, 2019, the California Court of Appeal affirmed the judgment in a reasoned decision.(Lodgment 6.)Petitioner then filed a petition for review in the California Supreme Court.(Lodgment 7.)On October 9, 2019, the California Supreme Court granted review pending consideration of a related issue in People v. Frahs.^[3](Lodgment 8.)On August 6, 2020, the California Supreme Court dismissed review.(Lodgment 9.)

On December 16, 2020, Petitioner filed a state habeas petition with the Superior Court raising seven claims (which Petitioner raises as Claims One through Seven in this case).(Lodgment 10.)The Superior Court denied that petition in a reasoned decision dated January 28, 2021, finding that all of Petitioner's claims were procedurally barred except his ineffective assistance of counsel claims.(Lodgment11 at 1-2.)The Superior Court also denied Petitioner's claims on the merits.(Lodgment 11.)Petitioner then filed a state habeas petition with the California Court of Appeal.(Lodgment 12.)The California Court of Appeal denied that petition without comment on June 14, 2021.(Lodgment 13.)Petitioner then filed a state habeas petition with the California Supreme Court.(Lodgment 14.)The California Supreme Court denied that petition without comment on October 13, 2021.(Lodgment 15.)

III.SUMMARY OF THE EVIDENCE PRESENTED AT TRIAL

Because Petitioner challenges the sufficiency of the evidence, this Court has independently reviewed the state court record.^[4] Based on this review, this Court adopts the factual discussion of the California Court of Appeal's opinion in this case as a fair and accurate summary of the evidence presented at trial:^[5]

On March 19, 2014, around 5:30 p.m., Anthony Fuentes paced outside Muscoy Liquor Store, panhandling for change.Fuentes suffered from a mental illness and had spent time in Patton State Hospital(Patton).Surveillance video taken from the liquor store shows [Petitioner] entering the store with his dog while Fuentes is outside the store panhandling.[Petitioner] then exits the store and talks with Fuentes in front of the store for a while.About 35 minutes later [Petitioner] is shown in the video outside the store making a call.After the call, Fuentes walks away from the store with [Petitioner] and his dog accompanying Fuentes.

[Petitioner's] girlfriend testified that, at around 6:00 p.m., she received a call from [Petitioner] asking for the telephone number for the sheriff's department.[Petitioner] told her a friend needed help.At 6:18 p.m. she texted [Petitioner] with the requested information.

During the recording of [Petitioner's] call to the sheriff's department at 6:27 p.m., [Petitioner] stated there was a man next to him who was “going to go hostile any moment” and might be under the influence of drugs.[Petitioner] is heard during the call telling Fuentes he was going to get him help.[Petitioner] advised the dispatcher that Fuentes needs help; “It's bad”; Fuentes could get violent.[Petitioner] asked the dispatcher to send someone as soon as possible.

Shortly thereafter, an eyewitness who was in his car stopped at a nearby intersection, saw [Petitioner] and Fuentes fighting in the middle of the street.[Petitioner] had a dog.[Petitioner] was arguing with Fuentes and pushing him towards a field.Fuentes was trying to defend himself as [Petitioner] pushed him into the field.The eyewitness then saw Fuentes on the ground while [Petitioner] stabbed Fuentes multiple times in the chest and head.The eyewitness ran over to stop [Petitioner].

Meanwhile, a second eyewitness saw the fight while getting gas across the street.The second eyewitness saw [Petitioner's] dog attack Fuentes, grabbed a knife, ran over to the dog, and stabbed the dog when it latched onto his foot.

At 6:49 p.m., 911 received a call from [Petitioner's] cell phone, during which [Petitioner] and Fuentes could be heard speaking to each other.Fuentes said, “F- off.What are you going to do?”[Petitioner] responded, “I got you out here, motherf-er.I got you now.”Fuentes said, “No, what you doing motherf- er, what you doing?”[Petitioner] told Fuentes, “F- that!You better get the f- back, motherf-er. . . .Don't make me crazy again, bitch.Don't make me crazy.I'll f-ing slice your ass up, homie.”Fuentes sounds as if he is hurt and says, “oh, no, no, oh.”[Petitioner] tells Fuentes twice, “I f-ing kicked your ass or what?!”A third person can be heard saying, “Leave him alone.”At the end of the call, [Petitioner] stated, “This motherf-er . . . comes at me all crazy . . . .”

At 6:53 p.m., 911 received a call from someone reporting seeing a lot of men fighting.The caller said there were initially two men and a dog, and then three more men joined in.One of the men ([Petitioner]) had a knife.The other man looked drunk and had a stick.The caller said it looked like [Petitioner] stabbed a man while the man was on the ground.

There were numerous people at the scene when the first officer arrived.Fuentes was on the ground bleeding and appeared to have been stabbed multiple times, including sustaining fatal stabs to his heart, lung, and liver.[Petitioner] admitted he had stabbed Fuentes.There was a knife and a wooden stake on the ground near [Petitioner].[Petitioner] admitted that the knife was his and that he had used it to stab Fuentes.

After waiving his Miranda^[6] rights, [Petitioner] told a detective that, while walking his dog, he stopped at the liquor store to buy beer.[Petitioner] saw Fuentes, whom [Petitioner] knew from high school, panhandling.When Fuentes asked for change, [Petitioner] told him he did not have any.[Petitioner] tied up his dog and went inside the liquor store to buy beer.

After purchasing beer, [Petitioner] sat by Fuentes, drank beer, gave Fuentes a beer, drank another beer, and talked with Fuentes.Fuentes became belligerent and started saying strange things that were threatening.[Petitioner] thought Fuentes was on drugs and was trying to get money for his next fix.Fuentes tried reaching into [Petitioner's] pocket.[Petitioner] suggested Fuentes go to the hospital or a treatment facility.Fuentes did not like this suggestion and suddenly stood up.

When [Petitioner] called his girlfriend and asked her for the number for the sheriff's department, Fuentes became belligerent.[Petitioner] called the sheriff's department and asked the dispatcher to have someone pick up Fuentes because of his threatening behavior.When Fuentes heard this, he became angry, “flipped out,” and tried to get away from [Petitioner].[Petitioner] followed Fuentes across the street.[Petitioner] remained on the cell phone with the sheriff's department so that law enforcement would know where to pick up Fuentes.[Petitioner's] dog was tied around his waist.

Fuentes grabbed two large rocks from the field by the street and threw one of the rocks at [Petitioner], hitting him in the face.[Petitioner] grabbed a stick and hit Fuentes on the knee.At one point, [Petitioner] and Fuentes were arguing in the street.[Petitioner] said his memory was blurry as to where they were.[Petitioner] believed they went to the field, moved to the street, and then moved back to the field, where Fuentes grabbed the stick and stabbed [Petitioner] in the back.[Petitioner] then grabbed his knife and fatally stabbed Fuentes in

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