Michael Craig Myers v. Warden

Filing 14

Summarily Dismissing Action Without Prejudice by Judge Valerie Baker Fairbank: (see attached) Pursuant to Ninth Circuit Rule 22-3(a), the Court refers the petition to the U.S. Court of Appeals for the Ninth Circuit for consideration as an applicat ion for leave to file a second-or-successive habeas petition. The Court DECLINES to issue a certificate of appealability. Case Terminated. Made JS-6. (Form 12 and copy of petition attached) (appeals cc'd) (Attachments: # 1 Appeal Form 12, # 2 copy of petition) (jm)

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 1 of 58 Page ID #:1
r

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A ~A

Y
.C~

~.~~iL

CLERK U.S DISTRICT COURT

PRISON IDEi\'fIFIC~TION/BOOKING NO.

~ ~zl~t~

DCT ! 8 201~6j

C= t ~~~``

ADDRESS OR PLACE OF CONFINEh1ENT

C

~~• ~~ , CJ C~ ~
Note:

T

lSTRJCI OF CPLIFORNIA

DEPUTY

~P I) ~~

It is your responsibility to notify the Clerk of Court in writing of any
change of address. If represented h}' an atturne}'~ provide his name,
address, telephone and facsimile numbers, and e-~nai] address.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

C~ ~ ~7 ~

l~ ~° i i~ a E ~ e f~ ~a i C- ~~ Y ,~ S
FULL NAME (Lnclu~te name under w]ticli yoir tivere convicted

1b be supplied by the Clerk of[he United States District Court

Petitioner,
v.
AMENDED
PETITION FOR WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
28 L.S.C. 4 225

NAME OI= WARDEN,SUPERINTENDENT,JAILOR OR AU'THORI"LED
PF,RSON H~V'ING CUSTODY OF PETII~IONER

Respondent.

!
.
PLACE/CO~'NTY OF CONVIC1~lON ~ ~ ~ ~ [iy1 ,- ~ ~ ~' ~ ~ ~ ~
PREVIOUSLY FILED, RELATED CASES lti THIS D15"I'RICT COURT
(
List by cage rn~mber)
C~~
~ L'
,

INSTRUCTIONS -PLEASE READ CAREFULLY
1. "1'0 rise this form, you mist be a persai ~vho either is currently serving a sentence ~mder a judgment against you iii a California
state court, or will be ser~~ng a sentence ui the future under a ji~dgirient against you in a CaliYornia state court. You are aslang for relief
from t}ie conviction and%or the sentence. This form is~~our E~etition for relief.
2. In this petition, you may challenbe die judgment entered by'only one California state courC. If yoti watt to challenge die judgment
entered by a different California state court,j~ou must file a separate petition.
3 Male sure the form is typed or neatly handwritten. You must tell the truth and sign the form. If you make a false statement of
.
a material fact, you mays be prosecuted for perjury.
~. ,answer all the questions. ]"ou do not need to cite case l~nv, but you do need to state die federal legal theory and operative facts
in support of each grotuid. You ma~~ submit additional pages if necessary. If you do not fill out the form properly, you will be asked to
submit additional or correct inforniation. If}'ou want to submit a legal brief or arguments, you may attach a separate memorandum.
t11e grounds for relieY fi-on1 the convictio~i aild/or sentence that you challenge.
ti. ~"ou must inilude in this petition all the grounds for relief from the conviction and/or sentence that you challenge. And you
must state the fists that support eadl gro~uld. If you tail to set forth all die grounds in this petition, you may be ban~ed from presenting
additional grounds at a later date.
6. You must pay a fee of $s.00. If the fee is paid,}your petition will be filed. If}-ou cannot afford the fee, you ma~~ ask to proceed
rr~fo~-~f~a pnup~ris(as a poor person). To do that, you must fill out and sign the declaration of the last two pages oFt11e form. Also, you
m ust have an audloi-ized officer at the pencil institution complete the certificate as to die amount of money and securities oi~ deposit to
your credit in any account at tl~e institution. If your prison account exceeds ?5.00, you must pay the filii g ter.
LODGED
C~-~K U.~. DIST4~iCT CpURT
7• ~'heii }'ou Dave completed tl~e form, se~id the original and tEvo copies to dle following address:
Clerk of t(le United States District Cotu-C for the Central District of California
United States Courthouse
~ ~, 1 ~ 7 2~~6
ATTN: Lital:e/Docket Section
~~''
312 North Siring Street
Los Angeles, California 90012
AL Dim ~ H~i'T (~F CF~LIFORN
DEPU~
-69(OSi12)

PETITION

U.S.0 9

Page 1

m

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 2 of 58 Page ID #:2
PLEASE COMPLETE THE FOLLOWING:(Check appropr•inte niir~~l~er)
This petition concerns:
1. [~ a conviction and/or sentence.
2. ❑prison discipline.
3. u a parole problem.
4. ❑other.
PETITION
`
''CIlLL~

a. Place of detelrtioil

~ ~ ~ G 1✓'~ !~'

b. Place of conviction and sentence

~.

J ~~~ ~

~~'1 ~j~7 y~ ,,~}

~ ~ "~ J

~ ~ p'~ ~/` j('j j~

(_[~~~^ ~

C011V]CllOil Ol7 WI11C?] illE ]J2CLU011 IS 1J~S2C~ (a separate petition must befiledfin end~i conviction tieing atrncked)_
il.

~aCLil'e Of Otferi52S 111VO1VeC~ (include all counts): ~ `~ ~

~vSS~s~TG~~

~ ~ ~1 ~ ~ ~~

~f ~ ~IR~~~t~

b. Penal or other code section or sections:

~. c~s~ ~~«~~~ve~-:

~ ~i ~~~~_~,
~

~ ~ ~ , ~ ~~~

i~ ~i r~ a ~12 ~3 ;t

d. Date of conviction:
'
~
~' ~(~,
~
~ ~l
e.

Date of sente~lce:

F
.

Lei7gth of sentence oil each count: ~ ~ ~"~

Q•
`

~ ~ Z ~j — (`~ ~( (~,
~ ~;

P1c:H (check aie):

Not guilty
u Guilty
u Nolo contei~dere
~l.

I~lI]C~ Of 11"I<ll (dieckone)
~
JLIC~~
u JUC~~e O17Iy'

3 Did yogi appeal tin the California Court of Appeal from the judgi7ient of conviction?
.

[' Yes

To

If SU, ~1VC ti1E t0~101h'lllb 111f~0I'117aLIOR f01 VOL1T ~~peal (and nttadi a copy of tl~e Courto(Ap~enl decision ifnvailable):

a.

Case i~timber: ~

,~ ~ ,J ~~ ~ ~~

~.

~1"OltllC~s T~liseC{ (listcacl7):
~ 1~
~ ~~

CV-G9 (OS/1')

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY(28 U.S.0 9 2254)

YaQe 2 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 3 of 58 Page ID #:3
(~)
(~)
(5)
(F)
c.

Date of decision:

d. Result

4 If ~rou did appeal, did ~rou also Yile a Petition for Revie~~v with the California Supreme Court of the Court of Appeal
.
decision?

u No

u Yes

If SO ~]Ve tale fOIlO~Vlll~ lllfOrlll~tlOri (rmd attach copies ofthe Petitio~i for Renew grid tl~e Supre»ie Court ruling if m~aifnhle)
~.

C~lSe Illllllbfl":

~ ~ ~ ~~ 3 ~~

~

S ~ ~ lJ ~ ~~

I

b. Grounds raised~<<sre~~~,):
(1)
(_')
~-~)
~~)
~~)
(
6)
c.

Date ofdecision:

d. Res«1t

If you did not appeal:
a.

State your reasons
p~

V G e tJ Y✓~ ~'~l fi

~ ~' ~1 ~ i~L~ ~~
~,

~ /~

~~ C-~~~{~'
~

~) is b G'►? 1 't~' ~

~~' ~'Zr~i~f%1i~

~/~ ~i~ ~

~~ ~
-+-

L U f,.~ N" ~,

t~' ~ ~~1

r3 t7 ~~

i ~` ~ i i~ ~tr~ ~ rr ~ Y (~ ~ ~F~~ ~ ~ .f'v ~n i/ ~ S ` E ~ f~ t ~ . ~ 1~ c~ ~ ~
~~
1~ ~ ~ e ~4u' ~ ~~ ~y, ~ 1~Q c u ~ ~ ~~ fi ~' p~~~ r~ r~ wr~r~~-~ ~~a I ~ ~ e
~J ~ n a r 1~r, e~-? "f ~,

i1~ c'_ i.~1 r ~ i d e ~► c~ c: .

b. Did you seek permission to file a late appeal?

❑Yes

[/]'~To

C. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
u Yes

C~~;v

I~ SO, a1Ve 112 ~~OIlO~V1I]g ll1f01"II78CLOIl f01 EaCll SUC~1 ~7EC1f10II (i~se additional pages if accessory, a~~d attach copies of tF~e petitions and the
ruli~eg< on the petitions if avniln6le):

a. (1) Naine of court:
( Case number:
2)
3~ ~3Ce f11EC~ (or if mnileri, the date lh~ petition ivas turned n~~e-r to dee prism audToritiesJor nuxiling):
CV-(i9 (0>/1?)

PETITION FOR WRIT OF HABEAS CORPUS BF A PERSON 1N S'rATE CUSTODY(28 U.S.0 4 2254)

Page 3 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 4 of 58 Page ID #:4
(~) Grounds raised(us<<ud~~:
_
~a)
~v)
~~)
~~)
(e)
~~
( Date of decision:
5)
( Result
6)

(7) Vas an eaidentiary hearing held?

u Yes

No

U. (1) Name of courC
( Case munber:
2)
3~ date f11eC~ (or iJ rrmileA, the dote the petition wru horned o~~er l'o the prison nuthnritiesjor mailing)

( Grounds raised (~t;c ~~:d~i:
4)
(
a)
~v)
(c)
~d~
(e)
(
~
( Date of decision:
5)
( Restitlt
6)

( Was an evidentiary hearing held?
'}

u I'es

~No

c. (1) Name of court
( Case number:
2)
~3~ ~~lCe t112C~ (or if mnilecl, the dote the peeition ivas turned orer to thr prison a~itNioritiesJor maili~ngj:

( Grounds raised p;sr~~,~~,~:
~)
~~i)
~~~
~~)

~~{~
(~)
(t~
CV-G9 (0~/ l'_)

PET'iTION FOR Y~'RIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 9 2254)

Page 4 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 5 of 58 Page ID #:5
(5) Date of decision:
(6) Res«lt

( ~~Vas an evidentiary hearing held?
7)

7.

u ~es[~No

L~ 1'es

Did }'o~i file a petition for certiorari in the United States Supreme Court?

u No

Ii yes, answer the following:
(1) Docket or case number (if you luiow):

~

C~ , I
,ij r

I~
~G►U (,~~

(2) Pesult

(3) Date of result (if you know):
(4) Citation to the case (if you know):

8. For this petition, state every ground on which you claim that vo~i are being held in violation of the Constitution,
la~~~s, or treaties of the United States. Attach additional pages if you have more than five grounds. Summarize
briefly the facts supparting each ground. For example, if you are claiming ineffective assistance of counsel, you
must state facts specifically setting forth what your attorney did or failed to do.
CAUTION:

a.

Exha~~stion RegcairerrienC: In order to proceed in federal court, you must ordinarily first e~chaust
yotu~ state court remedies with respect to each ground on which you are requesting relief from the
federal court. This means that, prior to seeking relief from the federal court, you first must
present all of your grounds to the California Supreme Court.

Urotuld one:

(1) Supporting FACTS:

(2) Did you raise this claim on direct appeal to the California Court of Appeal?

L~No

(3) Did you raise this claim in a Petition for Review to the California Supreme Court?

u Yes

~No

(4) Did }you raise this claim in a habeas petition to the California Supreme Court?

b.

u Yes

~
es

~~Qo

Ground two:

(1) Supporting FACTS:

CV-G9 (U5/1')

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 4 2254)

Page 5 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 6 of 58 Page ID #:6

(2) Did you raise this claim on direct appeal to the California Court of Appeal?

[I~No

(3) Did you raise this claim in a Petition for Review to the California Supreme Court?

❑Yes

[~To

(4) Did you raise this claim in a habeas petition to the California Supreme Court?

❑Yes

L~No

(2) Did you raise this claim on direct appeal to the California Court of Appeal?

❑Yes

~No

( Did you raise this claim in a Petition for Review to the California Supreme Court?
3)

❑Yes

~o

(4)Did you raise this claim in a habeas petition to the California Supreme Court?

u1es

~o

( Did you raise this claim on direct appeal to the California Cotu-t of Appeal?
2)

❑Yes

~No

(3) Did ~°ou raise this claim in a Petition for Review to the California Supreme Court?

❑Yes

~No

( Did }you raise this claim in a habeas petition to the California Supreme Court?
~)

c.

u 1'es

❑Yes

[✓~No

❑Yes

[G~No

Ground three:

(1) Supporting FACTS:

d. Ground four:

(1) Supporting PACTS:

e.

Gro~ind five:

(1) SLipportingFACTS:

(2) Did you raise this claim on direct appeal to the California Court of Appeal?
CV-69 (OS/ l2)

PETITION FOR N'RIT OF HABEAS CORPUS B]A PERSON IN STATE CUSTODY(28 U.S.0 4 2254)

Page 6 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 7 of 58 Page ID #:7
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?

u ~'2S

~O

( Did you raise this claim in a habeas petition to the California Supreme Court?
~)

u Yes

[~°l~To

9. It any of the grounds Iisted in paragraph 7 were not previously presented to the California Supreme Court, state
briefly- which grounds ~~~ere not presented, and give your reasons:

lU. Have you previously filed any habeas petitions in any federal co~u-t with respect to this judgment of conviction?
u Yes

~ To

If 50, ~1Ve t112 tO110~~V1IIg 111tO11Ilat10R fOI e1C11 SUCIl ~72~1t7011 (arse addif~iorialpa~es if necessary, aril attnch copies of dzepatitiorisand
the ru[i~~~gs on the petitio~is ijar~xilaGle):

a. (1) Name of court:
( Case nu~Ilber:
2)
~,i~ ~~te f11eC~ (or rfrnuiLed, the date tl~e petitran wns turned oi~er to the prison aut~liorit'ies for mniling):

~)
( Grounds raised ~usc ~~~,~~~1:
~1
)
~ h)
(~)
~~~)
(
e)
(1)
(5) Date of decision:
( Result
6)

(7) Vas aii evidentiary hearing held?

u ~'es ~No

U. (1) Name of court:
( Case member:
2)
~.i~ ~a[e ~1jeC~ (or if rnailed, the date dic petilio~i ie•ns tarried over to the prison authoritiesfor mailing):
( GLotlnCls 1'<lise(~ (list each):
4)

~a)

-

~U)
(c)
(
d)
(e)
~~
( Date of decision:
5)
CV-G9 (0,/12)

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 9 2254)

Page 7 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 8 of 58 Page ID #:8
(6) P.esult

(7) Was an evidentiary hearing held?

❑Yes

I~To

11. Do you have any petitions now ~~endvlg (i.e., filed but not vet decided) in any state or federal court with respect to
this judgment of conviction?

[lam 1'es

❑Nn

If SO, gl~'t the f01106~'lI]F 1rifOrTT1~t10t] (and ntfnch n ropy offhe~etitiorr ifnvailnble):

(1) Name of court:
( Case number:
2)

~ ~~ 2

,'~Z~7r7
~~1
;~ f?3~ f i `~

I.J ~ a ~1^ J G I

((JiJ3s'" l

~ (.

~ t71~ ~'/l~~

i~ ~AtE f11eC1 (or ifrncailed, t0ie doea die petition tivn, lzrrned oi~er In the prison authorities for moiling):

(4) Grounds raised ~~t~r e«~h):
(
a)
(
b)
(c)
(
d)
(
e)
(t)

Yes ❑No

12. Are you presently represented b}counsel?

1f so, provide name, address and telephone number:

~U~ , (_~ ~~ y'

~ ~~ Z ~ ~

WHEREFORE, petitioner prays that' ~l~e Court grant petitioizer relief to which he maybe entitled in this proceeding,

Signature ofnttor-~~iey (ifany)

I declare (or certify, verll~y, or state) under pen~~lty of perj~uy that the foregoing is true and correct.

Executed oii

LV-G9 (OS/1')

~ ~ ~-- ~ ~ -~ "~~ ~~
Date

'~'
Signat~er ofPetitioner

PETITION FOR ti1'RIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 9 2254)

Page 8 of 11

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 9 of 58 Page ID #:9

Petitioner

DECLARATION IN SUPPORT
OF REQUEST
TO PROCEED
IN FORMA PAUPERIS

Respondent(sJ

I, tv( ~'~ ~~~~

~ ~~ ~ ~' ~_ ,~ y ~~„ c~

,declare that I am the petitioner in the above entitled case;

that in support of my motion ro proceed without being required to prepay fees, costs or give security therefor, I state that
bec~~use of my poverty I am ~lnable to pay the costs of said proceeding or to give security therefor; that I believe I am
entitled to relief.

1. Are ~rou presently employed? I(/1 Yes

u No

a. If fl1e answer is yes, state the amount of your salary or wages per month, and give the name and address ofyour
employer.

~, ~/ ~

~ C~/`

~?(,'t1

b. I[-the answer is no, state the date of last employment and the an~o~u~t of the salary and wages per month which
yotit received.

2. Ha~~e you received, ~,rithin the past twelve months, any money from any of the following sources?
a. ~3usiness, profession ar form of self-employment?

❑Yes

u No

U. Rent payments, interest or dividends?

u Y"es

u No

c. Pensions, a~i~itiities or life insurance payments?

u ~'es

u No

d. Gifts or inheritances?

❑Yes

u No

e.

u 1'es

u No

A~1v other sources?

If the ans~-ver to an~~ of the abo~-e is yes, describe each source of money and state the amotult received from each
d uring tl~e past twelve months:

3.

Do ~~ou o~vn any cash, or do you have money in a checking or savings accounN. (Indi~de any fiuzds in prison accounts)
u ~es

CV-G9 (Oi/ 12)

u No

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 4 2254)

Page 10 vl 1 L

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 10 of 58 Page ID #:10
If the answer is ~~es, state the total value of the items owned:

~. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property? (E.rcluding ordinary
liousel2old furnis11ii2gs e~sz~ clnthiriQ) ❑Yes

I1~LV0

If the ans~~~er is yes, describe the property and state its approximate value:

~. List the persons ~vho are dependent upon you for support, state your relationship to those persons, and indicate ho~v
much yoti contribute to~n~ard their support:

I, declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct.
Executed on j~~' ~d .i ~~iJ~(l
Dnte ~~~

~

~,~~~f
1~~
Signnt~ei~e of etitiorter

~'

CERTIFICATE
I herebn certily that the Petitioner herein has the suin of$

on account to his credit
institution where he is

at the

confined. I fiirther certify that Petitioner lilce~vise has tl~e following securities to his credit according to the records of said
111StITllt1017:

Date

CV-(i9 (OS/ 12)

Ai~+t}iorized Officer vfInstitution/Title of Officer

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 9 ~~54)

Page ll of 1 I

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 11 of 58 Page ID #:11

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Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 20 of 58 Page ID #:20
262

1

P OMONA, CALIFORNIA; WED., JANUARY 17, 1996; 1:45 P.M.

2

D EPARTMENT EAST O

HON. WILLIAM J. MC VITTIE, JUDGE

(APPEARANCES AS PREVIOUSLY NOTED.)

3
4

( THE FOLLOWING PROCEEDINGS WERE HELD

'
5
6

I N OPEN COURT, OUTSIDE THE PRESENCE

7

O F THE JURY:)

8
M R. WHITENHILL:

9
10

YOUR HONOR, I AM GOING TO

MAKE A RECORD WITH REQUESTS MY CLIENT IS MAKING.
THE PEOPLE HAVE ELECTED NOT TO PRESENT

11
12

A COUPLE OF WITNESSES PRESENTED AT THE ORIGINAL

13

TRIAL.

14

TIME; DON SMITH, THE PAROLE OFFICER, AS WELL AS FRANK

15

TERRIO.

HE'S ASKING THEY BE BROUGHT TO TRIAL AT THIS

I DON'T NECESSARILY AGREE WITH MY

16
17

C LIENT ON THIS AND WOULD I EXERCISE MY RIGHT AS HIS

18

LEGAL COUNSEL TO DECIDE WHICH WITNESSES ARE GOING TO

19

B E BROUGHT.
I BELIEVE DON SMITH WILL PROBABLY

20
21

ASSIST THE PEOPLE IN THE SENSE HE WAS THE AUTHORIZING

22

PAROLE OFFICER.

23

B ETTER LIGHT TO ARGUE THE PEOPLE DID N07 PROVE THEIR

24

CASE BEYOND A REASONABLE DOUBT IF DON SMITH WAS NOT

25

H ERE.

26

T HE PEOPLE IN NOT BRINGING THIS PAROLE OFFICER HERE.

27

I F THEY DON'T WANT TO BRING HIM, IT'S BETTER FOR MY

28

P OSITION.

I BELIEVE THE DEFENSE WOULD BE IN A

SO AS A DEFENSE STRATEGY, I DON'T ARGUE WITH

9

`~

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 21 of 58 Page ID #:21
263

I

1

MAKE

WANT TO

2

MR. MYERS IS
BETTER

HERE AGAINST MY

R EQUESTING MR. SMITH BE

3

THE RECORD

W ISHES.
SECOND WITNESS --

AS TO THE

9

THE COURT:

5

LET'S START WITH THAT.

6
7

HERE

G OING TO ORDER PEOPLE IN

I'M

NOT

WHEN YOU HAVE THE RIGHT

T O SUBPOENA THEM.

8
9

T HE

CORRECT.

MR. WHITENHILL:
COURT:

YOUR CLIENT WANTS

SO IF

10

H ERE, YOU HAVE THEM SUBPOENAED.

11

M R. WHITENHILL:

THEM

12

IF I

CHOOSE TO HAVE THEM

H ERE.
THE COURT:

13

THAT'S A MATTER OF YOUR
YOU'RE THE

14

P ROFESSIONAL DISCRETION AND JUDGMENT.

15

LAWYER; YOU HAVE THE LICENSE.

16

CAN'T JUST BRING IN EVERYBODY HE WANTS

17

18

MR. WHITENHILL:
R ECORD FOR

I

I

TO HAVE HERE.
MAKE THE

JUST WANT TO

FUTURE APPELLATE PURPOSES --

T HE. COURT:

20

INDEED

HAVE.

YOU

19

M R. WHITENHILL:

21

I RESPECT YOU.

-- WHEN

T HESE WITNESSES WERE NOT

YOU

HAVE.

MY CLIENT

COMPLAINS

HERE.

F RANK TERRIO IS AN.EXPERT AS TO

22

ONE OF THE CRUCIAL ISSUES IN

23

F INGERPRINTS.

29

I F MY CLIENT EVER HANDLED

25

TERRIO

z~

ON

27

T ERI;''0 Pr'AS

UNABLE TO

~8
;

A WEAPON.

H+S

IS GOING

THAT POINT.

THE WEAPON.,

TO ASSIST THE PEOPLE
I

READ

DON'T

THINK

THE DEFENSE

THE ORIGI;I~L TRAL TRANSCRIPT.

MAKE Ai~JY IDENTIFIABLE

TESTIMONY WAS

LO

UR

I

HERE IS

THAI tiE

CQULD

PRINTS rJN
NOT

RULE

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 22 of 58 Page ID #:22
264
1

MY CLIENT OUT, WHICH IS MORE OF A NEGATIVE TO OUR

2

CASE.

3

ARGUE THE EVIDENCE HAS NOT BEEN PROVEN ADD THE PEOPLE

4

ARE LACKING IN THEIR CASE AGAIN.

I THINK I WOULD BE IN A STRONGER LIGHT TO

BASED ON MY STRATEGY, MY THEORY OF THE

5
6

CASE, I WOULD NOT CALL AIM, BUT FOR MY CLIENT'S

7

BENEFIT, T

8

APPELLATE PURP05ES.

WANT THAT ON THE RECORD FOR FUTURE

THE COURT:

9

WE WILL REFLECT MR. MYERS'

10

REQUEST THROUGh YOU, AND WE WILL REFLECT THE

11

RESPONSIVE ALREADY STATED ON THE RECORD.

12

MR. WHITENHILL:

13

THE COURT:

THANK YOU, YOUR HONOR.

YOU'RE WELCOME.

READY TO GET

GOING?

14

THE DEFENDANT:

15

N0, N0, YOUR HONOR, BECAUSE

16

WE GOT US A LITTLE PROBLEM BECAUSE I STILL HAVE

17

QUESTIONS I'D LIKE TO ASK BOTH OF THEM.

18

MR. WHITENHILL:

19

THE COURT:

20

MR. WHITENHILL:

THESE WITNESSES.

WELL, WHAT DO YOU WANT TO DO?
SHORT OF MY CLIENT

21

REPRESENTING HIMSELF, I'M ELECTING NOT TO BRING THOSE

22

WITNESSES.

23

UNLESS HE'S GOING TO HANDLE HIS CASE, IT'S MY

24

DISCRETION NOT TO BRING THEM.

NOW HE'S MAKING THE REQUEST, BUT AGAIN,

I UNDERSTAND.

25

THE COURT:

26

MR. WHITENHILL:

BUT HE

H E WOULD LiK~ '1'V li u vN '1'nr~ ~ti~~.
2$

~

THE COURT:

W"ELL --

11

MAY CHOOSE TO DO WHAT

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 23 of 58 Page ID #:23
r ~

265

1

MR. WHITENHILL:

2

THE

COURT:

WHAT DO YOU WANT TO DO?

I'VE ALREADY RESPONDED,

I'M NOT BRINGING THOSE WITNESSES

ON

MR. MYERS.

4

OWN.

5

DECIDED NOT TO SUBPOENA THEM.

7

TO

HIM WHETHER HE WANTS TO SUBPOENA THEM OR IVOT.

6

MY

UP

3

HERE.

YOUR ATTORNEY IS A PROFESSIONAL.

9

ARE YOU READY TO PROCEED?

THE COURT:

11

THE DEFENDANT:

12

THE COURT:

WELL, SHALL I RING THE BELL AND

MR. WHITENHILL:

THE COURT:

ALL RIGHT.

19

THE COURT:

YES, YOUR HONOR.

MS. EHRLICH:

MR. MYERS, WE'RE ALL READY EXCEPT

YOU, SO I'M GOING TO HAVE TO GET US STARTED,
LET'S GET A MISTRIAL.

21

THE DEFENDANT:

22

THE COURT: - ALL RIGHT.

23
24

ARE YOU READY Td

PROCEED?

18

20

I'M READY TO PROCEED, YOUR

HONOR.

16
17

N0, I'M NOT.

GET US GOING?

14
15

HE DOESN'T WANT THEM

THERE.

10

13

HE'S

HE'S NOT THE ONE WHO WAS

THE DEFENDANT:

8

IT'S

HERE WE G0.

LET'S

BRING OUT OUR JURY.
(THE FOLLOWING PROCEEDINGS WERE. HELD

25

IN OPEN COURT; IN THE PRESENCE OF

26

THE JURY: )

27
2~

MR. WHITENHILL:
RECESS FOR A

FE%

Y^UR HONOR, MAY WE

ASK FOR A

MINt?TES AT THiS TIr•;~ OUTSIDE THE

1L

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 24 of 58 Page ID #:24

PETITION FOR WRIT OF HABE4S
CORPUS: PERMISSION TO
REENTER

':

i

, -;

CODES AO~, 'petition~r, Michael C. '~~r
rs, pursuant to California
Penai.Code (P C.') § 147:3(a~, California
Rules of'CvLrt (Cal. R.. Ct.)
4.551 et seq., and all other relevant and
applicable rules and laxs,
a nd h~re~y rmq~:es.ts fo. ~h~ abaa~ e~ti~led
'court Ito issue forth~rith,
a e~~it of habeas; corpus sp~cificallg orde
ring petitioner's current ;
c onviction for es-felon. i~ possession of
a firearm to be reversed ,
2r.~ ~~~~ted 'a~ 3~ is t#~at sueh conviction
was rendered in violation
j
i
of, inter. alia, petitioner's snbsta'ntial
'rights .to effective
a
' assistance of counsel, to'~+hich petition
er, further- states as follows:
~
I. ;JUTtISDYCTIOI~
f
i
;
~
1. Citing P+.C. § 1473(a) znd~the rele
vant portion thereof:
~;
~
__
[".]Every person !unla~fullq imprisoned
or restrained of his liberty
~,
-iunder any `pre tense Whatsoever; maq pros
ecute a ►+nit of habeas corpus
~to inquire into' ,the cause of such; ~unlaaf
u~] impiison~ent. See e.g. ,
'~
I
nlre Ramirez, (2001) 10~ CsI. RpEr.2d
299; Cal. ' R. Ct. 4.551(c).
. __
i~ .

1

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 25 of 58 Page ID #:25
4

'

i

i

,; . donee`' nox'."e.ven: what most ;good„lawyer
s ,wa'ulu ihave~ .~on.e_;;~~ .~dut~ sim_p1y_ .. ~,
whether "s`o~e :reasonably ~aaJ~'r" eoula
have acted,, in the
r
circumstances as defense couhsel:ac.ted, in;':
the case';at.:-,b.a.r . ;. ;See, ',..
~'
I
_
Coleman v. Calderon, (9th Cir. 1998) 150
F.3d 1105, 1113.
~ ,~
_
,: : :
Here,'' petitioner submits,! as explainQ :in
d
'gre~a:ter. detail. below

, ,.

t hat 'even applying 'a -:heavy measure''.o.f defe
rence, his trial counsel
~,
provided dzfzcient !performance when he fail
ed to investigate, locate.
a nd 'present at trial for ~onfron.taton,
purpos~s, a .material (."citizen';.
informant"):witness raho provided poli
ce. with information that
petitioner was in 'possession of a firearm.
'
~
I—B. The Citizen Informant Was A Mate
rial Witness.`
i
i
As the record in this case reflects
, an Officer Baker (Baker),
u pon looking for possible dropped
narcotics and weapons, xas contacte
d
b y ,a person ("citizen") fwho spok
e from en apartment window who
~ ~
provided (Raker) with information
that petitioner ..was in possession
i
of 'a firearm. See e. g., iExh. R hereto.
Based on such information,
Baker xas prompted to con tact peti
tioner's parole agent for purposes
i ,
i
;
'

j

j
i

j

_
~, f

—2—

.

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 26 of 58 Page ID #:26

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 27 of 58 Page ID #:27

-4-

4

.

-

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 28 of 58 Page ID #:28
-

'

_

~
~

~

~.'

~

~' 1
~

a

~

I

~

the: prosecution or helps the defense.
~

f

~

~

,'Evidence' is "material" ~",ot~ly

if 'therei,is a reasonable probability that,;had [it] been disclosed
to the 'de'fense, the 'result...w~oul!d have; been different.""' See People
is

r. Superior Court (Meraz) (2008); 165 Cal.'App.4th.28 47 (quoting
,
,: ~ ;
,
People v.'~ Earp, (1999) 85 Cal ., Rptr. 2d 857; ; United States •. Bagley,
j
'
(1985) ;473 U.S. 6b7, 674-678; 'Brady ~. Maryland, (1963) 373 `U S "
~
~:
83 ) "Moreover
the `duty to disclose exists regardless of whether'
i

Ii

'there .has . ': been a request by the accused, and the suppression of

`'

e vidence that is materially favorable to the accused violates due l
p rocess regardless whether it was~intentio,nal, negligent: or
i nadvertent."`Meraz, ~at 'p. k7 (quoting Sordesten, ,supra at p. 1163.)
,!
i i_

~.

Here; and incorporating Ground I supra by reference as `if fully .-

j

!re~rritten 'herein, ' p~tit~ioner has :shown *~i,th persuasion that the
aforementioned "citizen informant" was both'"mater.ial" and equated
~

.;

~f

~

,
to, p e.ti.tioner':s ,~ primar y accuser,•. r f
,

that he was effectively deprived of 'his substantial right to con.front '
1
~

i

~~
,~

i
' ~
,

Petitioner has. also ,demonstrated ,;
',

'i

I

~

such! witness at anytis~e.`

~

'.

~s such! ~

~~'t1~7.Otl~Y

,

~

now ~ub~its that the y

'prosecution's 'failurQ to disclose the idenEity. and whereabouts of
'
i
the above noted citizen informant was error of a prejudicial
m agnitude:
~ ;.

This notion is especially buttressed by the fact that

petitioner had two!..trials as to his current crime of. conviction-:-the
„.
first resulting in a hung jury with the majority ; of the 'jurors v,oting~
for not guilty--all 'of 'which :indicates the "closeness" of the case
a nd lack~ of oderwhelming evidence of guilt.

Thus, Without

"
disclosure," petitioner was likewise deprived of the ability to
i
"
look into" whether or not evidence could be conjured up to impeach
ii

.
5_

{ ~

~
I'
~1
~
Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 29 of 58 Page ID #:29
i
I
I

~

~

~

~ ~

~

l

'~

,

such:,' person's.credibil;itq, such as!, but not limited to, prior arrests,
L
}
. :__
. :~
~ c ondict'ions ;- a nd the like.
i .
f In sum, t he prosecution's failure to ;disclose as described
;herein
i n conjunction'with traal counsel!'s defic ent' performance as outlined
r
~

~

_

~

f i

h erein ante, clearly prejudici~allq; impacted the - integrity and

~

.. I

fun:d`amental fairness of pet'itioner's overall trial proceedings. ~ ~
'~
` Any seasoning to the contrary should be discounted.
I

I

i ~

'
_

~..

~

I

~

~

i.

~ For ~'all of the foregoing reasons and those stated in
the exhibits
t
; ,,

~_"

;,CONCLUSION

:I

,'

i

h ere,t,o, ~ ~t.he sought £or. re~;ief formally'' praged.-,for supra -should
b~ ' ~

granted fat this time. :
~
i

~: ~
~
i
~.

F
'
Respectfully submitted,

~.

i
,~

~
,
i

` ~

~

Michael C Myers
,
.CDCR ~C-32166, EW=341L
' C. T.F. 'Central Facility
-P.O. Box '689
Soledad,:'Calif. '.9396.0-0689

~

;~

~ '
j;
~

~.

~.
i~ ;
'I
i

,.

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 30 of 58 Page ID #:30

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 31 of 58 Page ID #:31

~

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 32 of 58 Page ID3#:32
15
i.—.
y
.~ V
1

N0, . HE

2
;,

A
Q

WHAT_ -HAPPENED ,THEN?

,. , . .
` 3.

.__ .

_:

,_, .
P.

;

_
I

DIDN!•T:

~:

~.
,;
;
BELIEVE IT W A~ AT THAT PO'I'NT 'i~HAT
`'

P.SKED WHO LIVED AT THE LOCATION.

; 4:

'INFORMED

5

THAT

' 6

ME THAT HE `DID.

THE ~DEFENDANT

THE OTHER SUBJECTS

TOLD ICE :

THEY LIVED SOMEWHERE - ELSE.

?

I

~ ,

I LEET'TH05E SUBJECTS'WITH OTHER -

8

OFFICERS AND I BEGAN

TO

THE

9

AREF,, THE NORTH P,URTION'OF THE, DRIVEWAY WHERE THE

ONE

RUIdo

RESPONLING -- I'RESPONDED

10 '

SUB;JECT HAD

I '_BEGAN

11

F~NY~ POSSIBLE' DROPPED

12

NATURE, AND I 'WAS iGONTACTED sBY '~, SUBJECT".

13
14

THREE MEN

15
__

Q

A

;OKAY

WEAPONS OR

THIS AREA

xQAFCCOTICS OR

,.

_--16

- WERE i YC~iJ ~'C~NTACTED BY

OF

FOR
THAT

N~

Q

LOOKING IN

~

ONE OF

THESE

THAT WE !VE ALREADY TALi{ED P~BOUT?

,
H OW 'WERE: YOU COI~TTACTED?
-

A

17

I

'HE - SUBJECT SPOKE TO NE THROUGEi A~

e
~I

i
WINDOW.

18
19

Q
~

i

2O

YOU?
--

~
A

21

DID:THIS`PERSON IDENT:IFY'THEMSELVES T:0
~
—

~'
NQ, HIE DID NOT.

k
22

~

~

; 24

~

~

~

AND.ytD'
.YOU~ r3AVE A CONVERSATION', WITH''

YES,''- I D:TDt

_

'

i

~

THIS 'PERSON?

23

'25

Q

~

~

~

_
- AD1D ~,S A RESULT OF TFi1S CGNVERSATION

26 f
t
27'

TtiHAT, 3F ANYI, CONCLUSIONS DID YOU

2$ ~

THE DEFENDANT WAS, I:NVOL~TED . IN THE --- POSSIBLY BEING ~ ~

A

!

WELL

DRP,W?

IT HEIGHTENED MY SUSPICION THAT.

22

~I

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 33 of 58 Page ID #:33
r

_

~

.. ~

~

~

~

{/~---- `) s/r~
i

2
i
;
., -

~
ji

A

~

-

i

i

:.

..

3'1 6 i'

-.
A ND i~HATj HAPPENED. THEN"
'.
` ~
~ I BEL-I EVE I RE;QUES.TED A; SUPERVISOR
~
_
i ;-

Q

3
~
~ a :
,_~

~~

~ ~

II~T+ POSS_ESSI~ON OF. A FIREARM.'

1
.,

~

,F -.,,~„
/~~

f'
~; ~
is

WITH A; CELLULAR: PHOIV;E TO' RESPOND. T0: THE LOCATION. 50:. I
,~
~:
;.
~°
.-:COULD ;CONTACT .
STATE ;PAROLE A~NDI :OBTAIN A PAROLE -SEARCH
FORi 'THE
~ ~

-. -.

6

G ~
~ ~

7

~

8
9

-CON~ACTED~, IS THAT.~ERGEANTJONES?
.
.A

LOCATION
~

~,
-

Q

~=.
_

'

~.

A ND I=S ~. THE :S UP,ERVI S OR
,~

-

'
YE5

-

i

~

I
' .

~`

1Q

THAT Y.OU

-

THE _GENTLEMAN-':WHO TESTIFIED .BEFORE ' ,

4

11 ~
12

I.
I-

i

13

~'

~

14

k.
_

~

YOB? ,
•
~ i

~

A

YES

~ ~

~
,. .

,

'

..

- AND D-ID HE ASSIST: YOU

Q
A

',

IN. .;THAT

YE,S, ~HE !DID.. :HE SHOWED: UP AT
, ,

; .

REGARD?
THE

LOCATION.

15
~'
16.: '.

iAND I3.E.~.'HAD A CELLUi.~RR , F.HONE?
~ .. .
i~ ~

Q'

-

. ._
~
;
_
•DID -YOiI ; Ct~1~TACT SOMEONE ,FROM ;PARaLE:?
~;
'
,
;
,..
AYES', ~ I~ DID
~
r _.
~

...
- ~8
~,

~~ ~ ° ~

=Q

~• ~, I '

19

.'.A

~2p

Q

,Tr~HO. DIII,;YOU .TRH' T;O. CONTACfi ~FI.RST?.
,. ~
.

~ ;A:

,WELL, :I FIRST; TKI,ED TO 'CONTACT M1~.

, ~:
El

~. ;i

.,

22

.,WHO~ IS 'A ~PAROL~E,=
M CCRARY;
:OFFICER..,. EUT HE,; DID14'T_LI~T ; _

23

H S
.I

2 d.

AFTER HOURS

PHONE

25
6.
2
.!

i

NUMBER ;WITH TN~E POLICE DE:PAR^1MENT .
SO °I ~H~AD
.
,
~'

THIS
i

NUMBER

TELEPHONED

..

=

NCl WAi'.,QF~ GET.TIN.G. AHQLD
1,

:7 : KN~:W THAT ,PAROLE

LISTED WZ..T.H ITHE POLICE
,

AGENT

OF HIM.

IION SMITH ..HAD.

D'EPA'
RTMENT, ~ SO I ,

HIM.

PAi~O~S .~GENT SMITH GAVE ME MR.
~ ,:
—
, MGCRARY' S iiOME PHONE •.NU-MBER -AND .TOLD ME THAT BEFORE
,.

28

I T WAS

2
. 3..

_ -- __. :

-- _ .

i'

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 34 of 58 Page ID #:34
r•

~

POMONA, CALIFORNIA;

TUESDAY, SEPTEMBER 26, 1995

2
3

~ - 2:10 P. M.
DEPARTMENT EAST "M"

4

':HOIV., CHARLES W. MCCOY, JR. JUDGE

(APPE~RANC~ES-AS HERETQFORE NOTED.)

5
6

(THE FOLLO°VdING PROCEEDINGS WERE

7

HELD IN -0`PEN COURT IN THE
=

8

PRESENCE ~OF 'FHE JiJRY : )

9

(THE FOLLOWING PROCEEDINGS WERE

1D

HELD ~N OPEN COURT OUT OF THE

11

PRESENCE ;OF THE ~3LTRY :)

12
__ 13

THE COURT:

WE ARE ON THE RECORD ON PEOPLE VERSUS

MYERS .

..

_

.. .

f

14
15
16
17
18
19
20
~
~1
22

IF COUNSEL;'CAN MAKE THEIR APPEARANCES.
MR. NEL~ON:

^1 HI~NK YOU; YOUR HONOR,

DEPUTY PUBLI-~' DEFENDER: ON BEHALF OF MR .
MRS. E ~'_RL I CH :

GOOD AFTERNOON .

MARK NELSON,

MI CI~AEL MYERS .

GAIL EiiRLI C'ri ON

BEHALF OF THE PEOPLE.
THE COURT:

DEFENDANT IS PRESENT IN COURT.

MISS EHRLICH.
MRS. EHRLICH:

Y=OUR HONOR, IT 15 MY UNDERSTANDING

THAT PRIOR TO PROCEEDITdG WTTn TRIAL IPd THIS MATTER

23

.COUNSEL HRS A 4.02 1~IOTIflN RELATING TO MIRANDA RIGHTS, IF

24

I UNDERSTAND IT.

25

MR . NELS01•J :

THA:T V~~IT L BE CORRECT, YOUR HONOR .

26

THERE IRE ACTUALT y SEVERAL .ISSUES THAI I UdISH TO

27

ADDRESS IN A 402.

28

ISSUES IS GOING TO BE CONTESTED BY THE PEOPLE, THAT

I BETIEVE AT LEPS7' ONE OF THOSE

~ r.

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 35 of 58 Page ID #:35

m Tnr~~~_~~u~_~N4N~'MDUS--~.~~~RMAN~~'I-~_
~~I~--~~~~N~'--i+~I~7~~

_

2 . .:PERSON ,;THAT-,WAS _S~EAKIN~ FROM A"'`WINDOW,= :M~L~E UO3CE '3-:
; _. - .
BELI-EVE - IT WAS THE DESCRIPTION THAT _OFFI-CE~Z--BAKER `GAVE .
3

__ _
-

4
5
_ __

6
_—

MRS EHRLI CH:
.

PEOPLE- DO ,NOT INTEND TO~-.~O INTO 'THAT AREA_.._ _
:.
..
-THE - COURT i ---ALL R3GHT .
;: -. - :MR. NELSON =. ..

7
8
9

THAT I-S 'CORRECT-, YOUR HONOR . -THE„

MR. NELSON:

-_

- --- ----- _

-

THE NEXT ISSUE WOULD BE CONCERNING

AN F~REA OF THE ALLEGED STATEMENT BY MR. MYERS, AND THAT

10

WOULD BE THE DISCUSSION' CONCERNING THE SO-CALLED GHOST

11

TOWN SMOKER.
IT'S ?~'IY UND_ERSTADTDING

y2

THAI

THE

OFFICER,

__

13

OFFICER BAKER;-AS - HE —IN~iCATED IN_.H_IS _REPORT DURING A

la

DISCUSSION WITH MR. MYE.RS, MR. MYERS ALLEGEDLY REFERRED

15
16

TO THE GUN AS A GHOST TOWN-SMOKER, WHICH .I BELIEVE
: -_
OFFICER BAKER HAS TESTIFIED TO OR FELT RELATES TO A - GUN

17

THAT WAS USED IN A HOMICIDE, 187.
SITvCE IQO 187__IS BEIPvG.ALLEGED OR TO M~'

lg
19

KNOWLEDGE HAD BEEN TIED-. INTO - THAT PARTICULAR GUN, I

20

THINK THAT THE MENTION!OF.=--.THE TERM_ "GH.OST TOWN SMOKER"

21

AND DISCUSSION ABOUT IT WOULD BE QUITE PREJUDICIAL

22

UNDER THE CIRCUMSTANCES.

23

YOUR HONOR, THE STATEMENT WAS-MADE
>.
iN RESPONSE TO QUESTI01~75 RELATING TO HOW MUCH DID YOU

24

MRS. EHRLICH:

26

PAY FOR THE GUN AND IT`EXPLAINS - WHY THE GUN WAS
, .
..
OBTAINED FOR, ACCORDING"TO THE DEFENDANT, $40~ - .AND S0

27

HE WAS EXPLAINING THIS` IS A GHOST TOWN SMOKER, WHICH MY

28

OFFICER WILL TESTIFY BASED-UPON HIS TRAINING AND

25

-

-

--

25 )

- -

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 36 of 58 Page ID #:36

/1

1/

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 37 of 58 Page ID #:37

Case No.
NOTICE OF MOTIO0i..BY...R~'TITIOIdER
!
lICElAEL C. llYE~dS F0& ~.:N~d TRIAL
PURSUANT TO PC §.17~~:9; ~NEWL3~ ~ISCOYERED
' EI/IDENCE FURSUA~IT TO Pe <,~1181; FALSE
s
POLIC£ REP0~2T FU~SLlA~I~ .T~ PC X148.3,
14 .5; U~++IIQUALIfI~I1-,:STATEd~EDIT .RURSUAN~'
:..~0 _PC ~f125
_

16
17
18

TO THE I~ON~~mBLE •JUDGE; I,, petitioner l~ictaael C. Myers, do

19

hereby request a n~v ~traal, or evidentiary hearing upon the

0
2

following ground that:

21

1. Newly discovered evidence aQuld give petitioner a fair

22

opportunity to -plead his.case and make a diffecence in the

23

outcome of a ne,~r trial.

24

zs

Ba~cxcuoo~a

26
27
28

On l2/9/2015.petitianec-received crucial evidence from the
Poona Police DepartAent, vi~ich proves his place of residence

~~

----

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 38 of 58 Page ID #:38

1
2
3
4
5
6

at the time of .h is arrest. This evidence,is.crvcial
because the
--__
_ .
arresting officer (Baker) never once checked where petitioner
lived.
At the time of.-his arrest petitioner resided at 888 Ashfield
Ave., in the citX of. Pomona .(see.-Ex. (A) and (B).
Officer baker ans3 Sergeant Gordon Jones, under a parole search,

7

did not search -.the true. residence .of petitioner. Officer faker

8

and Sergeant Jaaaes ks~ev in advance that they were (vit~iout a

9

search v~srant) s~archi~ag the residence of Lynn McArthur and not

10

petitioner's Csee Ez. {A)(B)(c).

11

~is,~a~ch teed informed officer Baker earlier that petitoner's

i1

pare of residence vas 8~8 Ashfield Ave.•-and not the residence

13

of Lynn McArthur.

~4

At trial offices Baker gave perjured testimony to the jury in

15

thfs case. faker's p~s~ured testiwony vas- used by the prosecu
tor

16

to get a co~evriction. T~~ prosecutor also failed to disclose

17

critical docu~eents~ f.os the jury to see. Said docuean~ts could

~8 t~avz made ~ difference in the outcome of the trial because
19 petitioner had a right to have the jury hear all the evidence
20 in this case.
21

~etatioraer will show new evidence on this claims (see Ex. (A)

22 (B) and Art. ;~ §15 of: the California Constitution).
23
24

Petitioner vas deprived of.l.ife, l.iber.ty a.nd property without
due process of law. This court should grant petitioner's emotion

25 for a new trial in the interest of justice.
26

~'etitioraer has established a priiaa .facie case and has explained

2~

why this court should order the lover court to answer petitioner's

2g

oration on new evidence. Petitioner's new evidence vas never

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 39 of 58 Page ID #:39

1

introduced at the trial to the jury. (see Ex. (A)(B)(C). The jury

2

vas denied the right to hear and see all the relevant evidence

3

in this case.

4
F
~
6
7
8

Dated 1 ~ ~ I ~ — .~,(~ ~ ~i~
:

By:
!lichael C. Myers In Pra Per

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
6
27
28

~3

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 40 of 58 Page ID #:40

My

name is

Angeles,

Michael Craig

California,

I

am

53

Myers; I
years

was

old,

born

and

in Los

~aVC

been

incarcerated for the last twenty (20) years for a gun that
was not in my possession, which produced no matching
fingerprints on the gun that belong to me.

The

only

thing

that

I

know

is

coming

from

Officer

Baker, was his testimony that he is the only Officer that.
had

an

alleged

conversation

with

the

alleged

anon~~ous

informant, that he did not introduce at the trial.

BACKGROUND
On May 3, 1995, I was arrested for alleged [Possession
of a Firearm by a

Felon] Penal Code §12021 (A),(1). The

facts the Jury heard in this case ended in a hung jury 9 to
3 in favor of acquittal. There were no fingerprints tying
me to .any gun.

On April 10, 2015, I received my transcripts and I was
not aware that the

Jury did not believe

~~

Officer

Baker's

i

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 41 of 58 Page ID #:41

F
-

testimony;

there

was

an

issue

of

his

creditability.

My

Constitution of the Fourteenth Amendment of my Due Process
to have a fair trial was a violation. Trial Counsel was
ineffective assistance by allowing trial court to introduce
evidence from a third party which is hearsay.

This case is
identify

me,

about a

this

is

key eye-witness

what

Officer

who claimed to

Baker

alleged

and

testified to, and however, to this day there is still no
witness

so

how

can

I

call

this

person

to

confront

the

allegations made against me. The only evidence prosecution
introduced
right

now,

at

trial

no

other

was

the

witness

testimony
can

of

Officer

corroborate

if

Baker,
Officer

Baker is telling the truth. I would like to know the truth
because I am innocent, I need to find out the truth does
this anonymous person exist, this is a real question? That
no one is trying to answer. I believe I have the right to
confront my accused under the Sixth Amendment (6th), of the
United States Constitution. I am hoping
look

into

my

case

as

I

have

spent

the

your officer will
last

twenty

(20)

years of my life trying everything to get someone to listen
to me, so I pray ti~at someone from your officer will look
into this case.

TAKE NOTICE
The Trial Court, District Attorney
Officer, two of the Trial Attorney's
did not know the identity of the
anonymous witness,Officer Baker, did
not know the identity of the person
who he talked to. All parties failed
to do an investigation in this
matter.

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 42 of 58 Page ID #:42
There is an eye-witness to this case; this individual
was

never

however,

called
the

to

D.A.

testify

used

the

for

the

District

statements

of

Attorney,

this

alleged

witness against me.

It is the duty of the Court to establish a Prima Facie
case to the Jury, the Jury has the right to make there own
determination

based

on

all

the

physical

and

material

evidence. The only one the Jury did not hear from is the
key eye-witness to the D.A. case; this is a miscarriage of
justice. Trial court failed to hold an (In Camera Hearing)
to determine his/her credibility which never took place.

Under
Amendment
confront
and

to

the
(6th),

and
have

United

States

guarantee's

cross-examine
Due

Process

all

Constitution,
citizens

witnesses
under

the

The

the

against

right

him

Fourteenth

Sixth

or

to

her;

Amendment

(14th), to have a fair trial. I pray that I have at least
opened

your

mind

to

launch

severe miscarriage of justice.

an

investigation

into

this

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 43 of 58 Page ID #:43

DECLAR~TiOH OF PETITIO~EB
__
1
~iIC~3AEL C. MYE~S- IN SLTPP(~R1'
i3F l9~3TI0~7 TO SUPP&ES5 EYIt~EN~E

14
15
15
i7

18
19

I, ?~ach~~l C. ~I~~~rs is f~~ailiar ~it~i X11 the fa~ta ia~ thQ ca~~
and declare th~t,ar~evid~ntiary ~~a~ing is necessary to resolve
t he issue in this notice of ~so~ion.

2
0
21

Petitioner also has inclosed tt~e follouirg exhibit
:

22
23
24
25

EXE3IBIT 1: Property Report
EXHIBIT 2: Registration Worksheet
EXHIBIZ` 3: Postage Record

2b
27
28

I delcare under thr penalty of perjury that the foregoing is
true anr3 correct.

~
,

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 44 of 58 Page ID #:44

_____

1 _ .___Executed at California Training Facility, Soledad, California

2

on 5` I :,L ~- ~~i P (~~

3
4
5
6
7
8
F
~
1D
11
12
13
14
15
i6
17
18
19
20
21
22
2
3
24
25
26
27
28~
~M

`
b

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 45 of 58 Page ID #:45

November 13, 2015
Friday 7:03 p. m.
A ttn: Property Receipt Department
Pomona Potice nepartment
490 W. mission Blvd.
P omona ~ CA.
` 1 7h 5
~~
R E: Need Property Receipt During Booking ~ 3~ (~ ~
f5

near Property ~teceipt Department,
r an you please send me the or i•3:~.za1 Property Receipt, for the
following BOOKING # : ~~
~~~__ _ _ _~, ~'~ere I w.ss booked on
this date of '~ J ~- t jr5?
T hank

you.

~
sinc~tely,

Michael Myers C-32165
C TF Central EW-137-Low
P .O. Box 539
Soledad ~ CA.
X 3960-05P9
Michael Myers

'

u

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 46 of 58 Page ID #:46
04/22/95

21:59
P r o p e r t y

R e p o r t

DR #:_95_- 067040
_
_
__Booking 3~:_G0204144
Page: 4
Name: MYERS , MICHAEL CRAIG
Addr: 888 ASHFIELD
City: POMONA
CA 91767
Telephone #:
Social Security #: 556 - 35 - 4963
Sex: M Rafe: B
Height: 5 11 Weight: 172 Hair:
Eyes:
.
Arrest
~~~".3,4/22 ~ 95
Arrest Char5e: 3056
'"~~

---~:s~--------~-r----------------------------------------------

7 Locker #: 02

~
4~

8 Booking Jail°er:
'
"'~.
10 Desc. Bulk:

95

9 Bulk Property (Y/N): N

11 Arm Band (Y/N): Y

12 Cash Deposited:
.
,

10.43

.fy~~r~~"
,
~a~"
~Z~~ j5
~hF~

Description
~',~E~a~
;
y
~
~~3 ~s,,
BLU SHIRT/BLU SHORTS
~~;, ~~
~° ~~ yaF
GLOVES/BLK-WHT SHOES/WI~'Y' 54~~;KS
=~~
YM WATCH/YM RING RED-CLR STONE
~~~
PAPERS/ELECTRICAL CORD
~~'~,.,..
~
~~'

Retained By Frisaner
y
N
s ~~y~•
N
3g~
N

Siqniture for Property Retained

Signiture for Property Returned

RECORD OF
s'~"'
Person adding or receiving

Description of property ~;Date
Added

Received

Added

Received

Added

Received

!- urn

Intials
Prisoner
~
.
sailer
,+ .~
Pr toner
'
~f
~
Y.
~ -,
i 1 ~~
~ ~a:,
~~`risoner
Jailer

~~Q'
,

r

.-.

DR#95-067040

~
ti i
r ,tea
~k"~a~Teo r
'

4 ~ o'
~S °"~ ~O
C~
~

490 W. Mission I~lvd., Pomona, CA 91766

Police Department

POMoN~

THE CITY OF

:
,::~~:;s

._ ,.,j...~...._~~~,i~~ir~

s: ~ ~_~~~~r:~~,.~

~~'°'w ~

~=s: r,n=~..n
F i~sHr

f~! 91 ~`n~~~

'F~r~sr-r

lilii„~i~„ill~i~~il~iii,i,~„i,iiiii~iilililliii,ii~„ii,iiill

MICHAEL C MYERS
C-32166 ~ 137 ~
P. 0. BOX 689
SOLGDAD, CA 93960-6£i9

~

~ ~

=~ti
..r~~s~~~arasr

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 47 of 58 Page ID #:47

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 48 of 58 Page ID #:48
_

.~O:n~iai~~0'r1bS REGISTRATION
ORKSHEET

rcnarwcc or •t~soM n«oc
~S

n. ~ ice. ~

cc►+rR uTon~a Ma
~
i / y° .,,--i

-.
8

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O•f~
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`1~~C.hQC 1 ~' 'G rJ J~(L~Qx. ~► ` '-~C~
f?'leyers, h?~Chac~ CY~~~ A~r ~ ~~"r-

VEhIGLE: LIC~~~SE b
pIS~RIPTI~:~~

111MTZD

cttu~•T~n~

i
at

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l~~~~
~h~l~lG C~G, C

f'/r'~ ~ ~ ~~/~

~ C~Ai ANb M~A~l~

~,

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~~fT N~~1[

~~~,~ fat1~IDER ~ 3a~ S•

~~ATE:~1-

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,.

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G57.1P~

t~wCt Or ~i

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Plt61/TpATtOM IM

c~Nru~~+~~Kes wiTw:

f 100 M\/C~~,.~

C 1T 12[M ~MIf

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!00 P~~,

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I

ST.S;r~fE1T OF F£GISTRA'~7' CO\CE}tTlhG t~EASC\ FOR RECISTRATIOA'
D ~.'1L tlR ~dpC~T OR CCT:NTI D►d

~ CMAAG[ Olt ~U~ON ACM DRLRTION

A RALLTINa AO~trCY
,/-~

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TYP'c BF NAR~~?T1~:

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f~O1ATION OA f/ROL[!-FOII TMIf OIFCNfi
CONj+fT10N~ RLOUTAIM6 A[6H~I11.T10H

Probation Officer Name dnd Add
one j m~,~ra r
Phone : ~y ~~ y~y.S,
~rnrn~ , ~ .

~, , s~~d~.- ~~

~ `~

~

~~ ~ 7

[X►IRA110M
DAT(

C,~j_ s~ —
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soci~L ncwRiTr Nu~s[~t:

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C~"C I e

r oMrH~

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'

~NEHLNDLD fLNT[NCi
Oil TIME:

IFi[—AMCUKT
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1 ~l /
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1 ~~, : J
~V
dr .l
//
~(~fCN /GSA CG~M~TM[NT pA CMaAG~ CONYIGT.LD Qi: ' ~
C AT[ 0► CONVICTION
02l COMMITK[hT

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d (t0 F'l`.1/~ ~1C~cY G'~~~. 'J'~?M6'~1 fn. (_G

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~i~: i'OU EVEP. ~~~h FINCER.PRINSED BY THE PO?iONA POLICE DEPAAT?SENT F4R ANY F.JISON~ i.e.,
aAE57EE, PEAJ~iITTEE~ PEDLER, etc.?
,, ~ ~~~
,~
(Q ~~
f
I Yea. When?
NO
YES
~
Ch4P!11YC,', A~~MF '~~n F; ~~_~~
6

__

DATE/TIME RECORD CHECK

U•l

rI~'.^,

'~
r;~;y _
z'
' F:'ii = v` ~~JLfi'

r'
-----

RECORD BUREAU INFOf~}SATION

~~D ~'
?lonth „ Dey

K.
~-~ C~CJG?
?imp
Year

(5lgnatuse)
~'NO ,1l'ST REGISTER 290 FC: Any person cet~;atn:~ sa

mcn~ally dl,~ordered tea olfendrr or convicted under my of the (olbwinp

r~pr or inisrrrcss,~ :~:.~^ e~alnst euturr), 4b6, 28'7, 488, 285, 486, 2$8, £85a,
sutu~ec: Pcn~1 Calr SrNions 22^ (Auaull with Intent to commH

:' ~ ! ~~e if offense
,847{d). 31 ,1, 311.E and Z72 (1! ofJrnie im~ol.~ed lewd end IasMviout cor►duct j. .vi
~tia.l, 261.2, 281.9. .
aryd
~uh{ect wsi Conviettd prior to Sepi. 1S, 1961, w}►en ~ettfoa wos tst~pdiFed to 27Q PC. 311.1
in~•ol~•ed I~wd and lascf~~ious conduct end
+v~~ rrraltBed eo ~lf.l snd ~lG.4 PC.
31 ].~ PC it eon.ictrd yrior to Seyt. I5, 1BS1, whe:+ ~rrtfon
'rangy ~ pert In~tftud~.,r, vhr~o'he wu c~Ca9ned beaw~e of eanvtetion
1:590 H a S i„~sce~: ~.~y prnon eonvirted, dueAa►QecY, a paroles
Code 11J5~i, 33331, 1IJ52, lIJ5~7, IIJ~{, ]1335, 11957 11 58, 11358, 11 80, 31361,
~E ~r.~ of the following ~t~tutu: Health 6 Safrty
under Sretion 11357. aieon+~le".:o~ under Ssetioa
l1363, l) SSG, 1Z X68, 11554, 7'hls tecdon d^n not • a~~,y !a a miiuer.~~~r~or ponvtrtien
u w•
!lSSO invc?'i:;,^, marijusn~.

~

'~

----

p
_

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 49 of 58 Page ID #:49
i

t r. .

a
POMONR PARULc ~~h~,

Tl~'

Aug

~~ • ,94

9:35 No .003 P.05

L

,
-

~
i

CAI.lFORNIA OEDARTI{gNT OF CCRRECT[W!S
OE/1Z/1944

i

cac ~: C32166
lest: MYERS

S H E E T

F A C E

sraro: CA

ct~»; M6
F1ret: MICHAEL

PARaLE AMD COkMUNITY SERVICE6 DiV1YIQ11
Papet
i

sretue: AC~1Ve
Middl~i CRAIG

~

MONfKERC9)

Custody oaye:

P~6pram Date:

M iyp~t
GontrQllina

Q.gacr]vtl~,

4ffon~a Cod~i_

H11352(A)

Y

TRl1NS/SELL CS

~

_— --gPECil~l COtiDiT(4H'~
Mo Alcohol:
Ant: N

N

09/21/1992

oRo

Po

T'7

09/21J1993

Oate:
Oatet
O~te:
Data:
Detes

[ OvsrrS~a
~~
Sex Rep
~
Arson Rap
z
Narectfes Rsye
3058.6 PC
USINS N:

~

Trarupartcd:
suspended

lA ~

poa
sate:
u9r
Eyaa:

06/22/1962
M
5'9"
~LX

Fefnsteted ~

IdDO:
CD

(DATED PHOTO)

eeporti
col. i CO241d33
25646~W3
Fat

r 556-35-0369
A0544?893

lA Macy:

oaa
sax
Mpt
H~1r:

Pott

09~21~~995
CDD
Dlacherpad:

Rvkd:
RaD

scc
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~

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i

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172
BP.O

PRQBLEM AREAS
M arcctici
Assault t
other
t

AltohOl:
Bex
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VEHICLE
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~

Medal

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Emo~4Yl~ Awp~C (7} / C~

MYERB, MfCHAEL

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886 ASHFIELD
CA 91767—

POMC3NA

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MCCRARY, FU~JDW

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Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 50 of 58 Page ID #:50

THE CITY OF

Po!0/1~~~
Office of the Police Chief

August 4, 2014
"Workinng Together
Pomona's Future..."

Michael Myers
C32166 EW-137-Low
P.O. Box 689
Soledad, CA 93960-0689
RE: Request for Dispatch Information
Dear Mr. Myers:
As stated in the previous letter dated 7-3-2014, the records have been purged, therefore, this
i nformation has been destroyed and the dispatch recordings/transcripts are not archived.
This agency does not accept called calls.
If I can be of further assistance, please do not hesitate to contact me.
Sincerely

~~~ ~ ~~
Doreen Herrin g
%~
Records Shift Supervisor

Xc: file

490 W. Mission Blvd., Box 660, Pomona, CA 91766 [phone]

Faac [phone]

Pomona •Vibrant •Safe •Beautiful

~ ~'I

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 51 of 58 Page ID #:51

T~-{E CITY OF

Office of the Police Chief

July 3, 2014
"Working Together
Pomona"s Future..."

Michael Myers
C32166 E 137E
P.O. Box 689
Soledad, CA 93960-689
RE:

Request for Dispatch Transcript DR #95-73911

Dear Mr. Myers:
We have received your request for the above referenced Dispatch Transcript.
In accordance with the law the purge criteria established by the California Department of
Justice and the City of Pomona, these dispatch recordings. are no longer available,
therefore no dispatch transcript is available.
Please do not hesitate to contact me if I can be of further assistance.
Sincerely,

Doreen Herring
Records Shift Supervisor
(
909)620-2159

cc: file

490 W. Mission Blvd., Box 660, Pomona, CA 91766 (9d9)620-2141

Fax [phone]

Pomona •vibrant •Safe •Beautiful

IS

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 52 of 58 Page ID #:52

MINUTE ORDER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE PRINTED: 02/04/16
---------------------CASE N0. KA027232
THE PEOPLE OF THE STATE OF CALIFORNIA
VS.
DEFENDANT O1: MICHAEL CRAIG MYERS
-----------------------------------------------------------------------INFORMATION FILED ON 06/01/95.
COUNT O1: 12021(A)(1) PC FEL

ON 02/04/16 AT

830 AM

IN EAST DISTRICT DEPT EAF

CASE CALLED FOR COURT CONSIDERATION
FATTIES: WADE OLSON (JUDGE) ELIZABETH FELIX
NONE
(REP) NONE (DDA)
DEFENDANT IS

(CLERK)

NOT PRESENT IN COURT, AND NOT REPRESENTED BY COUNSEL

THE COURT HAS RECEIVED, READ AND CONSIDERED THE DEFENDANT'S
I~IV11QIV 'I V

~U F'r'1<tSS

C~'1U Ci
i~L'.

DEFENDANT'S MOTION IS DENIED FOR THE FOLLOWING REASON(5):
1 THERE IS NO SUBSTANTIAL RIGHT THE DEFENDANT IS ATTEMPTING TO
)
ENFORCE.

2 DEFENDANT IS A SENTENCED PRISONER.
)

DEFENDANT IS NOTIFIED OF THE COURT'S RULING BY A COPY OF THIS
MINUTE ORDER SENT VIA U.S. MAIL ADDRESSED AS FOLLOWS:
MICHAEL C.MYERS
CTF-C EW-137L

C-32166

P.O. BOx 689
SOLEDAD, CA 93960
N EXT SCHEDULED EVENT:
P ROCEEDINGS TERMINATED

PAGE NC.

1

COURT CONSIDERATION
HEARING DATE: 02/04/.16

~lir► rl~

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 53 of 58 Page ID #:53

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT

COURT OF APPEAL — SEtOND DIST.

DIVISION FOUR

gun 2~, ~o~ ~
In re

JOSEPH A. LANE, Clerk

B 275605

~/. ~UZtl'1c~Ci

MICHAEL C. MYERS,

(
Super. Ct. No. KA027232)
Wade Olson, Judge}
(

on Habeas Corpus.
ORDER

THE COURT:
The petition for writ of Habeas corpus has been read and considered.
The petition is denied for failure to demonstrate entitlement to the relief requested.
See
( People v. Duvall(1995)9 Ca1.4th 464, 474-475.) The petition also raises arguments
considered and rejected by this court in several prior petitions (including B168557,
B247691). (See In re Clark(1993)5 Ca1.4th 750, 769-770.)

* EP~I'EIN, P. J.

WILLHITE,

~1

J.

De~uty Clerk

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 54 of 58 Page ID #:54
____
SUPREME COURT
__
-- _
_

FOLE~
SEP 14 2016

__
5235959

Frar~~ A. f~cGui~e Clerk
Deputy

IN THE SUPREME COURT OF CALIFORNIA
En Banc

In re MICHAEL CRAIG MYERS on Habeas Corpus.

The petition for writ of habeas carpus is denied. (See hz re Robbins(1998) 18
Ca1.4th 770, 780; In re Clark(1993)5 Ca1.4th 750, 767-769;In Ye Miller (1941) 17
Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.

CANTIL-SAKAUYE
ChiefJustice

~~

_..

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 55 of 58 Page ID #:55

UNI'T'ED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
P
.O. Box 193939
95 Seventh Street
San Francisco, CA. 94119-3939
May 26, 2016

Michael C. Myers
C-32166E 137E
P.O. Box 689
Soledad, CA. 93960-689
Dear Mr. Myers:
This court is in receipt of your recent correspondence to this court. A review
ofthe record reflects no pending cases filed by you in this court. This is a court of
limited;
urisdiction which means that it can only review cases which have been
f filet'. and then decided in a U.S. District Court within this circuit.
irst
Your correspondence is being returned to you in the event that you wish to
pursue your action in the U.S. District Court. A copy ofthis court's rules and
procedures can be downloaded at www.ca9.uscourts.~o_v .

Sincerely,
FOR THE COURT:
MOLLY C. Dw~'ER
CLERK OF COURT
By:
Cyntharee Powells
Deputy Clerk
Local Rule 27-7

Iq

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 56 of 58 Page ID #:56

PROOF OF SERVICE BY MAIL
BY PERSON IN STATE CUSTODY
-- ----__
(C.C.P. §§ 1023(A)
2015,5)

I , _~l ~ LL ~ 1

Z.~yf/^ S

declare

I am over 18 years of age and I am party to this
action.

I am a

resident of CORRECTIONAL TRAINING FACILITY prison,
in the County
of Monter-ey, State of California.

My prison address is:

CORRECTIONAL TRAINING FACILITY
P.O. BOX 689, CELL #: ~ f3
Soledad, CA
93960-0689
On

m il urge
~ i~c~r~

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(~

I served the attached:

ra ~huesT~~T~ f~►~ar~'In~a~~ ~.x~~oa^r~,~,nT'

~o

S~J~pb~°hA

~~~'T~~~ses on qty ~~h~,~~.

on the parties herein by placing a true and corre
ct copy thereof,
enclosed in a sealed envelope with first class
postage fully
prepaid in the United States Mail at the hands of
prison staff
utilizing the system designated ror legal mail at
the
Correctional Training Facility, Soledad, California,
as per the
Mailbox Rule

(Rules 3(d) of the Federal Rules Governing
~ 2254) ,

addressed as follows :

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1 declare under penalty of perjury under the laws
of
the

S tate of California that the foregoing is true and
correct.
Executed on ~/J ^ ~~J ` ?
e~ (,~D

Declarant

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Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 57 of 58 Page ID #:57

Case 2:16-cv-07758-VBF-FFM Document 1 Filed 10/18/16 Page 58 of 58 Page ID #:58