Guzman v. Holland
Decision Date | 04 September 2014 |
Docket Number | Case No. 1:13-cv-00248 AWI MJS (HC) |
Court | U.S. District Court — Eastern District of California |
Parties | ALBERT RALPH GUZMAN, Petitioner, v. KIM HOLLAND, Warden, Respondent. |
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent, acting warden of California Correctional Institution in Tehachapi, is hereby substituted as the proper named respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. Respondent is represented by Caely Fallini of the office of the California Attorney General. Petitioner declined magistrate judge jurisdiction on March 15, 2013. (ECF No. 5.)
Petitioner is currently in the custody of the California Department of Corrections pursuant to a judgment of the Superior Court of California, County of Kern, following his conviction following a jury trial on July 15, 2009, for possession of a weapon while confined in a penal institution with enhancements for prior convictions under CaliforniaThree Strikes Law. (Clerk's Tr. at 87.) On August 11, 2009, Petitioner was sentenced to a determinate term of nine years in state prison. (Id.)
Petitioner filed a direct appeal with the California Court of Appeal, Fifth Appellate District, on March 23, 2010. (Lodged Doc. 1.) On December 29, 2010, the appellate court affirmed the conviction but reversed the trial court's findings regarding Petitioner's prior convictions. (Lodged Doc. 3.) Petitioner sought review by the California Supreme Court on February 9, 2011. (Lodged Doc. 4.) The petition for review was summarily denied on March 16, 2011. (Lodged Doc. 5.) Petitioner next filed a petition for writ of certiorari with the United States Supreme Court on February 7, 2012. (Lodged Doc. 6.) The petition was denied on February 21, 2012. (Lodged Doc. 7.)
Petitioner filed his federal habeas petition on February 19, 2013. (Pet., ECF No. 1. ) The petition raised a single ground for relief, namely, that California Penal Code § 4502 is unconstitutionally vague and should not be applied to the possession of razor blades, which may be used for other purposes than as a weapon.
Respondent filed an answer to the petition on June 12, 2013. (Answer, ECF No. 11. ) Despite requesting extensions of time, Petitioner did not file a traverse to the answer.
At trial, Officer Richard Hetzel and Lieutenant Jeffory Gentry testified that certain prisoners were allowed to possess disposable shavers, depending on their classification level within the prison. Appellant, however, being slated for "Administrative Segregation," was not allowed to have any razors in his possession. The correctional officers also testified as to the potential use of exposed razors as weapons or slashing instruments. No inmate is permitted to possess razor blades removed from the disposable shaver casing. All inmates are issued the same type of shaver throughout the prison.
Upon taking the stand, the court advised appellant of his right to remain silent, but appellant chose to continue with his testimony. He then admitted he was currently incarcerated for robbery, and had prior convictions for auto theft and methamphetamine possession for sale.
Appellant also testified he had previously been incarcerated at CCI and believed the razor blade quality there to be inferior to the razors he received in San Bernardino. He intended to bring the razors solely for shaving. He had brought multiple razors because he did not want to wait for his family to put money into his account so he could buy razors from the canteen.
People v. Guzman, 2010 Cal. App. Unpub. LEXIS 10304, 3-7 (Dec. 29, 2010).
II. DISCUSSION
Relief by way of a petition for writ of habeas corpus extends to a person in custody pursuant to the judgment of a state court if the custody is in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a); 28 U.S.C. § 2241(c)(3); Williams v. Taylor, 529 U.S. 362, 375 fn.7 (2000). Petitioner asserts that he suffered violations of his rights as guaranteed by the U.S. Constitution. In addition, the conviction challenged arises out of the Kern County Superior Court, which is located within the jurisdiction of this court. 28 U.S.C. § 2241(d); 2254(a). Accordingly, the Court has jurisdiction over the action.
On April 24, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), which applies to all petitions for writ of habeas corpus filed after its enactment. Lindh v. Murphy, 521 U.S. 320, 326 (1997); Jeffries v. Wood, 114 F.3d 1484, 1499 (9th Cir. 1997). The instant petition was filed after the enactment of the AEDPA; thus, it is governed by its provisions.
Under AEDPA, an application for a writ of habeas corpus by a person in custody under a judgment of a state court may be granted only for violations of the Constitutionor laws of the United States. 28 U.S.C. § 2254(a); Williams v. Taylor, 529 U.S. at 375 n. 7 (2000). Federal habeas corpus relief is available for any claim decided on the merits in state court proceedings if the state court's adjudication of the claim:
28 U.S.C. § 2254(d).
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