Mayhan v. Gipson
Decision Date | 12 June 2016 |
Docket Number | Case No. 1:14-cv-01691-DAD-JLT |
Court | U.S. District Court — Eastern District of California |
Parties | HAYWARD LEE MAYHAN, Petitioner, v. CONNIE GIPSON, Respondent. |
FINDINGS AND RECOMMENDATIONS TO DENY PETITION FOR WRIT OF HABEAS CORPUS
(Doc. 1)
In 2009, a jury convicted Hayward Mayhan of attempted murder, attempted murder of a public official, assault with a deadly weapon by a prisoner and other crimes. The trial court sentenced him to a prison term of 91-years to life. In this action, he contends the Court should grant his habeas petition for many reasons including errors he contends the trial court committed and ineffective assistance of trial counsel among other claims. The Court concludes Petitioner has failed to demonstrate entitlement to relief and recommends the petition be DENIED.
In 2009, a jury convicted Petitioner of attempted murder with premeditation, attempted murder of a public official, assault with a deadly weapon by a prisoner battery by a prisoner on a non-confined person and custodial possession of a weapon. (Doc. 17, Ex. A () , p. 2) The trial court sentenced him to an indeterminate term of 91-years-to-life. The jury also found true the allegations that Petitioner had suffered three prior strike convictions, had served two prior prison terms and had suffered three prior serious felony convictions. (Id.)
Petitioner appealed to the California Court of Appeals, Fifth Appellate District (the "5th DCA"), which conditionally reversed the judgment and found the trial judge erred in denying one of Petitioner's motions for new counsel. (Ex. A, p. 18) The court remanded the case to the trial court to conduct a new Marsden hearing on substitution of counsel. The 5th DCA ruled that if the trial court denied the motion, it should reinstate the judgment. (Id.) If it granted the motion, the judge should appoint new counsel and proceed accordingly. (Id.) The court also ordered that upon reinstatement of the conviction, the superior court should enter a minute order reflecting several corrections to the sentence discussed in the 5th DCA's opinion. (Id.) Petitioner then filed a petition for review in the California Supreme Court that was summarily denied. (Lodged Document ("LD") 35)
Upon remand, the superior court conducted a new Marsden hearing (Doc. 17, Ex. B ("Ex. B"), p. 22) and denied the Marsden motion. (Id.) Petitioner appealed again but the 5th DCA affirmed the superior court's ruling. (Id.) Petitioner's subsequent petition for review in the California Supreme Court was denied. (LD 50)
The Court adopts the Statement of Facts in the 5th DCA's unpublished decision1:
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, 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 n. 7 (2000). Petitioner asserts that he suffered violations of his rights as guaranteed by the United States Constitution. The challenged conviction arises out of the Kern County Superior Court, which is located within the jurisdiction of this court. 28 U.S.C. § 2254(a); 28 U.S.C.§ 2241(d).
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 (1997), cert. denied, 522 U.S. 1008, 118 S.Ct. 586 (1997); Jeffries v. Wood, 114 F.3d 1484, 1500 (9th Cir. 1997), cert. denied, 520 U.S. 1107 (1997), overruled on other groundsby Lindh v. Murphy, 521 U.S. 320 ( ). The instant petition was filed after the enactment of the AEDPA and is therefore governed by its provisions.
A petition for writ of habeas corpus under 28 U.S.C. § 2254(d) will not be granted unless the petitioner can show that the state court's adjudication of his 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); Lockyer v. Andrade, 538 U.S. 63, 70-71 (2003); Williams, 529 U.S. at 412-413.
A state court decision is "contrary to" clearly established federal law "if it applies a rule that contradicts the governing law set forth in [the Supreme Court's] cases, or "if it confronts a set of facts that is materially indistinguishable from a [Supreme Court] decision but reaches a different result." Brown v. Payton, 544 U.S. 133, 141 (2005), citing Williams, 529 U.S. at 405-406 (2000).
In Harrington v. Richter, 562 U.S. ___, 131 S.Ct. 770 (2011), the U.S. Supreme Court explained that an "unreasonable application" of federal law is an objective test that turns on "whether it is possible that fairminded jurists could disagree" that the state court decision meets the standards set forth in the AEDPA. The Supreme Court has "said time and again that 'an unreasonable application of federal law is different from an incorrect application of federal law.'" Cullen v. Pinholster, 131 S.Ct. 1388, 1410-1411 (2011). Thus, a state prisoner seeking a writ of habeas corpus from a federal court "must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility of fairminded disagreement." Harrington, 131 S.Ct. at 787-788.
The second prong pertains to state court decisions based on factual findings. Davis v. Woodford, 384 F.3d at 637, citing Miller-El v. Cockrell, 537 U.S. 322 (2003). Under § 2254(d)(2), a federal court may grant habeas relief if a state court's adjudication of the petitioner's claims "resulted in a decision that was based on an unreasonable determination of the facts in light of the evidencepresented in the State court proceeding." Wiggins v. Smith, 539 U.S. at 520; Jeffries v. Wood, 114 F.3d at 1500. A state court's factual finding is unreasonable when it is "so clearly incorrect that it would not be debatable among reasonable...
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