Broadnax v. Beard

• Decision Date: 08 May 2013
• Docket Number: Civil No. 12cv0560-GPC (RBB)
• Parties: DESHAWN DUNDRE BROADNAX, Petitioner, v. DR. JEFFREY BEARD, Secretary, Respondent.
• Court: U.S. District Court — Southern District of California

DESHAWN DUNDRE BROADNAX, Petitioner, v. DR. JEFFREY BEARD, Secretary, Respondent.¹

Civil No. 12cv0560-GPC (RBB)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

DATED: May 8, 2013

ORDER:

(1) DENYING REQUEST FOR

EVIDENTIARY HEARING;

(2) DENYING PETITION FOR WRIT

OF HABEAS CORPUS; and(3) ISSUING A LIMITED

CERTIFICATE OF APPEALABILITY

I. INTRODUCTION

Petitioner Deshawn Dundre Broadnax is a state prisoner proceeding pro se and in forma pauperis with a First Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 16.) Petitioner is serving two consecutive terms of life imprisonment without the possibility of parole, plus fifty-seven years-to-life, as a result of convictions in the San Diego County Superior Court for two counts of first degreemurder with special circumstances, one count of dissuading a witness from testifying, and one count of attempted witness intimidation, each of which the jury found were committed for the benefit of a criminal street gang. (First Amended Petition ["FAP"] at 1-2²; Lodgment No. 1, Clerk's Transcript ["CT"] at 621-27.) Petitioner requests an evidentiary hearing, and claims that: (1) the jury was permitted to draw unconstitutional inferences about guilt and the requisite mental states due to a faulty instruction; (2) the trial court erred in denying a new trial motion which was based on evidence withheld from the defense; and (3) insufficient evidence exists to support the verdict for dissuading a witness from testifying, or, alternately, an element of that offense was omitted from the jury instructions. (FAP at 1, 6-46.)

Respondent has filed an Amended Answer to the First Amended Petition, which is accompanied by a Memorandum of Points and Authorities in support, and a Notice of Lodgment. (ECF Nos. 21, 23.) Respondent contends that an evidentiary hearing is unnecessary, and that habeas relief is unavailable because claim one is procedurally defaulted, claim two does not present a federal question, any potential errors are harmless, and the state court's adjudication of the claims is objectively reasonable within the meaning of 28 U.S.C. § 2254(d). (Memorandum of Points and Authorities in Support of Amended Answer ["Ans. Mem."] at 13-23.)

Petitioner has filed a Reply. (ECF No. 25.) He contends Respondent has failed to demonstrate claim one is procedurally defaulted, argues that habeas relief is warranted on all his claims, and requests an evidentiary hearing be held on his second claim in order to determine whether evidence was withheld in violation of Brady v. Maryland, 373 U.S. 83 (1963) (recognizing a constitutional duty of the government to disclose to the defense exculpatory evidence material to guilt or punishment). (See Reply at 1-19.)

For the reasons discussed below, Petitioner's request for an evidentiary hearing is DENIED, the Petition is DENIED, and a Certificate of Appealability is ISSUED limited to claim two.

II. BACKGROUND

In an unpublished opinion, the appellate court summarized the evidence presented against Petitioner:

A. Background

Broadnax is an active participant in the Lincoln Park Bloods Street Gang (Lincoln Park). Anthony Torian is also a Lincoln Park gang member. Torian was introduced to Broadnax in 2006 by another Lincoln Park gang member. Torian usually "hung out" with Broadnax every day.

At all relevant times, Torian was dating Kimberly Cyr. Broadnax, Torian and Cyr had "hung out" together on occasion. [¶] Skyline is another street gang, and is a rival of Lincoln Park.

B. The Murders

On December 5, 2006, Ahmad Lewis, a Lincoln Park gang member, was murdered in Lincoln Park gang territory. Lewis was associated with Broadnax and Torian. On December 6, 2006, Broadnax and Torian drove to the Meadowbrook Apartments (Meadowbrook), a Skyline hangout, to shoot a member of the rival gang in retaliation for Lewis's death.

While Torian drove Broadnax to Meadowbrook in his car, Broadnax showed him a gun he had under his shirt. When they arrived, Torian parked on the west side of Deep Dell Road, near a liquor store.

Torian entered the liquor store and bought a pack of cigarettes. Torian exited the liquor store and saw Broadnax walking toward a cul-de-sac. Then Torian lost sight of Broadnax. Torian heard approximately eight rapid gunshots. Then Torian saw Broadnax run from the cul-de-sac toward Torian's car. Broadnax got in the passenger side of the car and Torian got in the driver's side. Then they drove away.

During the car ride, Broadnax told Torian he had approached two "dudes" in the cul-de-sac, asked them for a cigarette, and then shot one of them in the head and the other as he tried to run away.

In reporting on the shooting later in the evening, a local television station displayed a photograph of Torian captured on the liquor store's surveillance video.

C. Broadnax Dissuades a Witness, Cyr

In further media reporting on the shooting, Torian's picture was also published in a local newspaper. Torian showed Cyr his photograph in the newspaper and told her that he had not been involved in theshooting. Torian told Cyr they needed "to come up with a story" about going to the movies on December 6, 2006, and stopping at the liquor store on the way.

On December 16, 2006, Cyr attended a party in Mission Beach. During the party, Cyr approached Torian and Broadnax. Broadnax told Cyr to "stick to the story" in a firm voice. Cyr testified that she felt threatened.

On December 19, 2006, Cyr was interviewed by police investigators. Cyr repeated the alibi she and Torian had agreed they would provide police.

On December 20, 2006, Broadnax arrived at Cyr's home. Cyr joined Broadnax outside and observed two men standing beside her car. Broadnax told Cyr in a firm voice: "Remember what we told you. Stick to the story and don't do anything stupid. We know where you live." Cyr testified that she felt scared.

Later, Cyr gave a true account of events to the police. Following Cyr's cooperation with police, she received witness protection services.

D. Broadnax's False Statements to Police

During an initial interview, Broadnax told police he could not remember what he was doing on December 6, and that he had not been in Skyline territory since 2004. At a later interview, Broadnax told police that on December 6, 2006, he had been at home with his mother. Broadnax stated he had not been to Meadowbrook. Broadnax also stated the last time he saw Torian was in September of 2006, and denied ever attending parties and going to the beach with Cyr.

Following Broadnax's arrest, a detective told Broadnax his DNA had been found on a cigarette at the murder scene. Broadnax denied being in the area and again explained that he had been at home.

(Lodgment No. 6, People v. Broadnax, No. D054634, slip op. at 2-5 (Cal. Ct. App. Aug. 20, 2010).)

On February 26, 2007, a San Diego County Grand Jury returned a true bill of indictment accusing Broadnax and Torian with two counts of first degree murder, one count of dissuading a witness from testifying, and one count of attempted intimidation of a witness. (CT 1-4.) The indictment alleged that both defendants were principals in the murders, that at least one of them personally used a firearm and proximately caused death or great bodily injury, and that they committed the offenses for the benefit of a criminal street gang. (Id.) The indictment contained two special circumstance allegations regarding the murder counts: (1) The defendants committed more than onemurder; and (2) they were active participants in a criminal street gang and intentionally committed the murders to further the activities of the gang. (Id.)

On October 15, 2007, prior to Broadnax's trial, Torian pleaded guilty to two counts of voluntary manslaughter, admitted the gang enhancement allegations, and admitted he was vicariously armed with a firearm. (Lodgment No. 2, Reporter's Transcript ["RT"] at 678-79.) The plea was subject to an agreement that he would receive a thirteen-year prison term if he testified truthfully at Petitioner's trial, and a sentence of twenty-three years and four-months otherwise, with the possibility that the deal could be negated and the murder charges reinstated if he was untruthful or failed to cooperate. (RT 675-77.) On December 19, 2008, a jury found Broadnax guilty of all counts and found all the enhancement and special circumstance allegations true. (CT 621-27.) On February 19, 2009, Petitioner's motion for a new trial and amended motion for a new trial were denied, and he was sentenced to two consecutive terms of life imprisonment without the possibility of parole, plus fifty-seven years-to-life. (CT 629; RT 1429-36, 1460-61.)

Petitioner appealed his convictions, raising the same claims presented here. (Lodgment No. 3.) The appellate court affirmed in all respects, finding claim one to have been waived because it had not been adequately preserved for review, and denying all claims on the merits. (Lodgment No. 6, People v. Broadnax, No D054634, slip op. at 5-14.)

Petitioner raised the same claims in a petition for review filed in the California Supreme Court, in which he also challenged the appellate court's finding that claim one had been waived. (Lodgment No. 7.) The state supreme court summarily denied the petition without citation of authority or a statement of reasons. (Lodgment No. 8, People v. Broadnax, No. S186803, order at 1 (Cal. Dec. 15, 2010).)

Petitioner filed a First Amended Petition, the operative pleading in this action, on May 1, 2012. Respondent filed an Amended Answer to the First Amended Petition on July 17, 2012, and Petitioner constructively filed a Reply on August 30, 2012.

III. DISCUSSION

A. Scope of Review

Title 28, United States Code, § 2254(a), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214, sets forth the following scope of review for federal habeas corpus claims:

The Supreme Court, a Justice thereof, a circuit judge, or a district court shall

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