Bobadilla v. Lizarraga

• Decision Date: 12 December 2014
• Docket Number: Case No. CV 14-3623-JEM
• Court: U.S. District Court — Central District of California
• Parties: ANTHONY IVAN BOBADILLA, Petitioner, v. JOE A. LIZARRAGA, Warden, Respondent.

ANTHONY IVAN BOBADILLA, Petitioner, v. JOE A. LIZARRAGA, Warden, Respondent.

Case No. CV 14-3623-JEM

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

December 12, 2014

MEMORANDUM OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY

INTRODUCTION

On May 12, 2014, petitioner, a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. On November 7, 2014, respondent¹ filed a Return to the Petition ("Return"). On December 4, 2014, petitioner filed a Reply to the Return ("Reply").

Having reviewed the allegations in the Petition, as well as the matters set forth in the record, the Return and the Reply, the Petition is denied and the action is dismissed with prejudice.

PRIOR PROCEEDINGS

In Los Angeles County Superior Court case number KA092622, a jury convicted petitioner of attempted willful, deliberate, and premeditated murder (Cal. Penal Code §§ 664, 187(a)) and assault with a deadly weapon (Cal. Penal Code § 245(a)(1)). As to both offenses, the jury found that petitioner personally inflicted great bodily injury under circumstances involving domestic violence (Cal. Penal Code § 12022.7(e)). As to the attempted murder, the jury found that petitioner personally used a deadly and dangerous weapon (Cal. Penal Code § 12022(b)(1)). (Respondent's Lodged Documents ("LD") 1 at 127-28.) The trial court sentenced Petitioner to state prison for a term of life with the possibility of parole plus five years. (LD 1 at 154-55.)

Petitioner appealed the judgment of conviction to the California Court of Appeal. (LD 3.) On May 23, 2013, the California Court of Appeal affirmed the judgment of conviction in a reasoned opinion. (LD 5.) Petitioner then filed a petition for review in the California Supreme Court. (LD 6.) On August 14, 2013, the California Supreme Court denied review without comment or citation to authority. (LD 7.)

SUMMARY OF FACTS²

Prosecution Case

1. The dating relationship between Bobadilla and Jasmine

Bobadilla and Jasmine began dating in early 2010 when Bobadilla was 16 years old, and Jasmine was 15 years old, and he began living with Jasmine's family in January or February 2010. Jasmine's family included her parents Tim and Diane, and a cousin, Anthony. Bobadilla and Jasmine shared a bedroom and were sexually active.

The couple frequently argued, "usually about the same thing, . . . jealousy issues." They accused one another of cheating or wanting to be with someone else. Bobadilla told Jasmine that "if he couldn't be with [her] then nobody else could." The arguments worsened over time. Bobadilla told Jasmine he would never let her leave him. Jasmine's cousin Anthony, who had seen Bobadilla go through Jasmine's cell phone and question her on occasion, described Bobadilla's behavior toward Jasmine as protective, obsessive and controlling. Jasmine occasionally threatened to break up with Bobadilla. Afterwards, Bobadilla would intentionally hurt himself, including cutting or trying to strangle himself, and Jasmine felt sorry for him and remained in the relationship. Bobadilla repeatedly told Jasmine that she "couldn't live without [him]."

2. Bobadilla attacks Jasmine

On August 9, 2010, Jasmine and her parents went to a family birthday celebration. Bobadilla stayed home. When Jasmine and her parents returned late that evening, Bobadilla accused Jasmine of having gone to see someone else instead of attending the family gathering. Jasmine did not argue with or pay attention to Bobadilla, which made him angrier. Fed up with arguing about such things, Jasmine told Bobadilla she wanted to break up with him and suggested they just remain friends. He said, "'we're not going to do that,'" and told her if he could not be with her, no one could.

Jasmine told Bobadilla they would talk about him leaving her house in the morning, and turned away from him to go to sleep. Bobadilla aggressively threatened Jasmine that she "better not go tosleep." She ignored him and fell asleep, which made him angrier. Jasmine woke up in pain to Bobadilla aggressively touching her vagina, and accusing her of dreaming about someone else. She pushed him away and went back to sleep.

Bobadilla woke Jasmine again by rolling her over and making her assume a kneeling position on the bed. Facing her, Bobadilla began hitting Jasmine with a bat multiple times. Jasmine had never seen the bat in their room before. Bobadilla struck Jasmine multiple times on her head and face. The final blow dislodged Jasmine from a kneeling position. In pain, Jasmine "screamed for [her] life." Bobadilla stopped hitting her and sat on the edge of the bed.

Jasmine's parents were awakened by Jasmine's scream. The door to Jasmine's room was locked, which was unusual, and they forced it open. Jasmine was lying on her back on the bed. Bobadilla was kneeling on the bed and stared at Diane with a blank expression.

Diane approached Bobadilla and asked him, "What happened? What's going on?" She asked Bobadilla if he hit Jasmine, and he nodded his head yes. Jasmine held her face and screamed. Diane and Jasmine saw Bobadilla hit himself with the bat. Diane got a towel for Bobadilla, who was bleeding from his head. Bobadilla walked over to Jasmine's purse and opened it. Diane took the purse away from him. Jasmine screamed for her mother. Diane ran to aid Jasmine, who ran from the room, afraid for her life.

Anthony was also awakened by Jasmine's scream. As he ran from his room he saw Jasmine and Diane leaving Jasmine's room. Anthony went into Jasmine's room; there was blood everywhere. Anthony found Bobadilla in the bathroom, bleeding. When Anthony asked him what happened, Bobadilla walked past Anthony saying, "I'mas good as dead anyways." There was a bat on the floor. Bobadilla retrieved a piece of broken glass from the mirror and sliced his wrist. Anthony said to Bobadilla, "[w]hat are you doing? What's wrong with you? Stop. Stop." Bobadilla stared blankly.

Anthony called the police, and told Bobadilla to stay in the bedroom. When Anthony returned to Jasmine's room after retrieving his cell phone, Bobadilla was gone. He had gone out the window. Anthony followed a trail of blood to chase after Bobadilla, and found a hand print on a back wall that Bobadilla had jumped over. Anthony jumped over the wall but lost sight of Bobadilla sometime between 1:00 a.m. to 2:00 a.m.

Police officers arrived at Jasmine's house at approximately 3:30 a.m. but were unable to find Bobadilla. An officer photographed a dumpster containing wet blood, located in a parking lot about 100 yards from Jasmine's back yard.

3. Jasmine's injuries and Bobadilla's apprehension

Diane took Jasmine to the hospital. Jasmine's face was swollen and her face and scalp were bleeding. She had received an orbital bone fracture and two lacerations, one on her scalp, for which she received nine staples, and one on her temple which was sealed with medical adhesive. As a result of her injuries, Jasmine had scars near her eye and the side of her head. She also had severe migraines and a lot of pain in her head as a result of the beating.

Anthony found Bobadilla behind a wall in back of Jasmine's house between 5:00 a.m. and 6:00 a.m. Bobadilla had changed his clothes. He approached Anthony holding a pair of pruning shears. The police arrived and arrested Bobadilla, who was compliant. Bobadilla was treated for his wounds and transferred to a psychiatric hospital.

4. Bobadilla's letters

Jasmine and her family moved out of their residence several months after the attack. While moving, Jasmine found three letters in her room that Bobadilla had written, which she gave to the police. The first two were hidden behind dressers. The third was on the bottom of a basket in which Bobadilla had kept his belongings.

The first letter (Peo. Exh. 10), dated February 22, 2010, reads as follows:

"How can I trust if there's no trust in her, in her eyes? I'll never cheat or lie to her. She's my love. I don't trust because she talks to other vatos. Man, if she ever cheats on me with my vato, I would cut their balls off and her eye and switch them and cut her nose off and replace it with his dick. [¶] I'll kill that vato, breaking his arms and legs. I'll take out his inside and feed them to Jasmine since she won't see. [¶] Fuck, I kill her too after she gets beat up by my fists and heel and then I'll kill her and me. [¶] I love you so much. I only want her for me and only me."

The second letter (Peo. Exh. 11) entitled "Suicide Note 2 Jasmine," reads:

"When I die, plz don't cry. I would be in the sky. So you could stay alive, just get high, to remeber [sic] the good times that we had at night without any lights when we made love with all our might!!! I tell you this bcuz [sic] I have a suicide mind; but instead just comeitd [sic] homicide bcuz you said I lied but all you do is make me cry[.] All you do is run your mind[.] I love you so good bye. So this is my life to not be alive, I just wana [sic] die!!!! with a tear in my eye now you won't have me by ur [sic] side but you guna [sic] have another in your life so I saidfuck!!! I want you back. [B]ut we can't, so watch your back (anybody killa [sic] )."

The third (Peo. Exh. 12), dated July 13, 2010, entitled "My Death Letter," states:

"If you find this letter its [sic] cuz [sic] I'm dead and so is Jasmine, yes I killed her for so many reasons I can't trust that "'slut'" I love her but she aint [sic] gona [sic] change her ways she told me herself, she loves to fuck! . . . She lie's [sic] about who she fucks she has a dipped in back, she does'nt [sic] even want me she is using me she don't fuckn [sic] love me so I killed her so we can go together in the light so I can trust her. [¶] She wouldn't kill herself if I ever died I would for her if she ever died. [¶] She said she would change but haven't seen changes she still talks, write's [sic], and think about sex & lust fuck her she thinks I'm her

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