Johnson v. Cullen

• Decision Date: 06 April 2010
• Docket Number: No. C 95-0305 TEH.,C 95-0305 TEH.
• Citation: 704 F.Supp.2d 869
• Parties: Laverne JOHNSON, Petitioner,v.Vincent CULLEN, Acting Warden of California State Prison at San Quentin, Respondent.
• Court: U.S. District Court — Northern District of California

704 F.Supp.2d 869

Laverne JOHNSON, Petitioner,v.Vincent CULLEN, Acting Warden of California State Prison at San Quentin, Respondent.

No. C 95-0305 TEH.

United States District Court N.D. California.

April 6, 2010.

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Andrew Scott Love, Attorney at Law, San Francisco, CA, Lynne S. Coffin, Law Offices of Lynne S. Coffin, Mill Valley, CA, for Petitioner.

Joan Killeen, Office of the Attorney General, San Francisco, CA, for Respondent.

ORDER RE CLAIMS F, G, H, I, J, K, L & W.

THELTON E. HENDERSON, District Judge.

INTRODUCTION

On December 17, 1987, petitioner was convicted by a San Mateo County jury of two counts of first degree murder, Cal.Penal Code § 187, and one count of arson Cal.Penal Code § 451(b). The jury also found true the multiple murder special circumstance allegation, Cal.Penal Code § 190.2(a)(3). The same jury fixed the penalty at death on February 5, 1988. On October 18, 1993, petitioner's conviction and sentence were affirmed on direct appeal. See People v. Johnson, 6 Cal.4th 1, 23 Cal.Rptr.2d 593, 859 P.2d 673 (1993).

Petitioner filed a habeas petition on April 22, 1997.¹ On that same day, he also filed his second state habeas petition in the California Supreme Court. On May 2, 1997, respondent filed a motion to dismiss the federal petition on the ground that it contained unexhausted claims. On November 25, 1997, the California Supreme Court denied the second state habeas petition. Petitioner subsequently filed an amended federal petition in which he incorporated claims from the second state habeas petition.

Respondent originally filed an Answer, a Memorandum of Points and Authorities in Support of Answer and a Motion for Summary Judgment on October 22, 1999. The Motion was denied by the court as premature. After various matters were resolved, petitioner filed a Traverse; respondent subsequently filed a Supplemental Answer, which included briefing on procedural issues and on the merits of petitioner's claims. Petitioner filed a responsive Memorandum of Points and Authorities in Support of Non-Hearing Claims ²; respondent subsequently filed, per court request, a supplemental brief. This court has previously issued an Order resolving respondent's claims of procedural default and untimely filing. This Order will resolve guilt-phase claims for which the California Supreme Court issued a reasoned opinion on the merits.³ This includes Claims F, G, H, I, J, K, L and W. For the following reasons, Claims F, G, H, I, J, K, L and W are DENIED.

FACTUAL BACKGROUND

The Supreme Court of California summarized the factual background of this case as follows in its opinion disposing of petitioner's direct appeal People v. Johnson, 6 Cal.4th 1, 23 Cal.Rptr.2d 593, 859 P.2d 673 (1993). The state court's factual findings are presumed to be correct pursuant to 28 U.S.C. § 2254.

On January 15, 1986, police officers and firefighters were summoned to a house fire in Daly City. Inside the house, the officers found the bodies of Maria Victoria Holmes, aged 52, and her daughter, Luisa Anna Castro, 32. The evidence indicated that two fires (one upstairs, and one downstairs) had been intentionally set, probably through the use of some flammable liquid. Victim Holmes evidently had been severely beaten and kicked. Her body showed extensive contusions and abrasions; her face was swollen and bloody. An autopsy indicated she died from 12 or more blows to her head and face. Victim Castro's body was burned beyond recognition; a large knife was found nearby. An autopsy determined, however, that she had died from strangulation; a wire was found wrapped tightly around her neck.

Further investigation revealed the following facts: Victim Holmes was a hotel manager who wore expensive jewelry and possessed an extensive collection of gold jewelry from Central America. She shared her home with her daughter, victim Castro, a nightclub security guard, who was currently dating defendant [petitioner Laverne Johnson], a customer of the club. Castro also had a collection of gold jewelry and frequently boasted of it. On the night of the murders, Castro had prepared dinner for defendant at her home after they had driven her children to a babysitter. Later that evening, someone murdered the two women, stole their jewelry, and set fire to their home in an apparent attempt to cover up the crimes.

Defendant was arrested after a girlfriend, Roshaun Fuller, told police that he had admitted assaulting the women and taking their jewelry. According to Fuller, defendant stated he “knocked out” Castro and, when victim Holmes came upstairs to investigate, he knocked her down and kicked her in the head. Defendant had been seen wearing, and later pawning, some gold jewelry, although it could not positively be traced to the victims. Defendant also admitted to the investigating officers some facts regarding his relationship with Castro, including sharing dinner with her at her home on or about the night of the murders. According to defendant, he left the house after Castro had become intoxicated and fallen asleep. Although defendant denied killing the women, at one point he told the interrogating officer that, “I probably did do it, but you are not going to get me to say I did do it.”

The defense offered an alibi (defendant was seen engaging in a bar fight on the day in question) and evidence to cast doubts on Fuller's testimony, which was frequently contradictory and inconsistent. According to a defense investigator, Fuller admitted lying to police regarding defendant's admission that he assaulted both women.

At the penalty phase, the People admitted evidence of defendant's prior crimes, including four prior felony convictions for robbery, burglary, disorderly conduct (transmitting a false alarm), and theft, and numerous unadjudicated offenses including rapes, oral copulation, robberies, batteries and assaults.

The defense relied primarily on background and character evidence, including testimony regarding defendant's troubled childhood, his lack of parental guidance, and the likelihood he would succeed in a supervised prison setting. Defendant personally testified regarding some of the foregoing matters, and attempted to mitigate some of the “prior crimes” evidence by explaining the extenuating circumstances surrounding them.

A defense psychologist, Dr. Fricke, testified regarding defendant's sociopathic personality. On rebuttal, a prosecution psychiatrist stressed defendant's anti-social and manipulative personality, and his potential dangerousness.

Johnson, 6 Cal.4th at 14-16, 23 Cal.Rptr.2d 593, 859 P.2d 673.

LEGAL FRAMEWORK

A. AEDPA

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), codified under 28 U.S.C. § 2254, provides “the exclusive vehicle for a habeas petition by a state prisoner in custody pursuant to a state court judgment, even when the [p]etitioner is not challenging his underlying state court conviction.” White v. Lambert, 370 F.3d 1002, 1009-1010 (9th Cir.2004). Under AEDPA, this court may entertain a petition for habeas relief on behalf of a California state inmate “only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a).

According to AEDPA, the court should not grant a writ of habeas corpus with respect to any claim that was adjudicated on the merits in state court unless the state court's adjudication of the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C § 2254(d). A federal court must presume the correctness of the state court's factual findings, and the presumption of correctness may only be rebutted by clear and convincing evidence. 28 U.S.C. § 2254(e)(1).

The “contrary to” and “unreasonable application” clauses of § 2254(d) have separate and distinct meanings. See Williams v. Taylor, 529 U.S. 362, 404, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A state court's decision is “contrary to” clearly established United States Supreme Court law if it fails to apply the correct controlling authority or if it applies the controlling authority to a case involving facts materially indistinguishable from those in a controlling case, but nonetheless reaches a different result. Id. at 413-414, 120 S.Ct. 1495. A decision is an “unreasonable application” of United States Supreme Court law if “the state court identifies the correct governing legal principle ... but unreasonably applies that principle to the facts of the prisoner's case.” Id. at 414, 120 S.Ct. 1495.

“[A] federal habeas court may not issue the writ simply because the court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must be objectively unreasonable.” Lockyer v. Andrade, 538 U.S. 63, 75-76, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003). “While the ‘objectively unreasonable’ standard is not self-explanatory, at a minimum it denotes a great[ ] degree of deference to the state courts.” Clark v. Murphy, 331 F.3d 1062, 1068 (9th Cir.2003).

Holdings of the Supreme Court at the time of the state court decision are the only definitive source of clearly established federal law under AEDPA. See Williams, 529 U.S. at 412, 120 S.Ct. 1495. While circuit law may be “persuasive authority” for purposes of determining whether a state court decision is an unreasonable application of Supreme Court law, only the Supreme Court's holdings are binding on the state courts and only those...