Naylor v. Price, 2:20-cv-672-JAM-EFB P
Decision Date | 09 December 2020 |
Docket Number | No. 2:20-cv-672-JAM-EFB P,2:20-cv-672-JAM-EFB P |
Parties | TROY MITCHELL NAYLOR, Petitioner, v. BRANDON PRICE, Respondent. |
Court | U.S. District Court — Eastern District of California |
Petitioner, who is committed civilly to the state hospital and proceeds herein without counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. First, he argues that his due process rights were violated when the state court, in denying his petition for release, declined to appoint counsel and mental health experts to aid him with his petition. Second, he contends that his constitutional rights were violated by the state appellate court's delay in adjudicating his appeal of the foregoing claim regarding appointment of counsel and experts. Respondent has filed an answer (ECF No. 12) and petitioner, after an extension of time, has filed a traverse (ECF No. 18).
For the reasons stated hereafter, the petition should be denied.
The petition presents two purely legal questions and, consequently, the court finds it unnecessary to recount the factual background leading to petitioner's confinement and subsequent petition for release. The court will, however, for the sake of context, reproduce the state appellate court's summation of the SVPA under which petitioner was confined:
28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), provides in relevant part as follows:
Section 2254(d) constitutes a "constraint on the power of a federal habeas court to grant a state prisoner's application for a writ of habeas corpus." (Terry) Williams v. Taylor, 529 U.S. 362, 412 (2000). It does not, however, "imply abandonment or abdication of judicial review," or "by definition preclude relief." Miller El v. Cockrell, 537 U.S. 322, 340 (2003). If either prong
/////(d)(1) or (d)(2) is satisfied, the federal court may grant relief based on a de novo finding of constitutional error. See Frantz v. Hazey, 533 F.3d 724, 736 (9th Cir. 2008) (en banc).
The statute applies whenever the state court has denied a federal claim on its merits, whether or not the state court explained its reasons. Harrington v. Richter, 562 U.S. 86, 99-100 (2011). State court rejection of a federal claim will be presumed to have been on the merits absent any indication or state law procedural principles to the contrary. Id. at 784-785 ( ). "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." Id. at 785.
The phrase "clearly established Federal law" in § 2254(d)(1) refers to the "governing legal principle or principles" previously articulated by the Supreme Court. Lockyer v. Andrade, 538 U.S. 63, 71 72 (2003). Only Supreme Court precedent may constitute "clearly established Federal law," but courts may look to circuit law "to ascertain whether . . . the particular point in issue is clearly established by Supreme Court precedent." Marshall v. Rodgers, 569 U.S. 58, 64 (2013).
Section 2254(d)(1) applies to state court adjudications based on purely legal rulings and mixed questions of law...
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