Putney v. The People of the State of California

Filing 7

ORDER Granting 5 Motion to Appoint Counsel; ORDER Granting Petitioner 60 Days to File his Amended Petition signed by Magistrate Judge Jennifer L. Thurston on 07/05/2013. Amended Complaint due by 9/6/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS EARL PUTNEY,
Petitioner,

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v.

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THE PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.
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Case No.: 1:13-cv-00771 JLT (HC)
ORDER GRANTING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 5)
ORDER GRANTING PETITIONER 60 DAYS TO
FILE HIS AMENDED PETITION

Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On June 20, 2013, Petitioner filed a motion requesting

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appointment of counsel. (Doc. 5) Petitioner reports he is severely mentally ill and is unable to

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understand what he is needed to do and has been able to file the documents he has through the

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assistance of another inmate. Id. at 1-3. Attached to the motion is a declaration completed by

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psychologist Robert L. Halon, executed on July 21, 20111, in connection with Petitioner’s state-court

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appeal. Id. at 6-8.

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Dr. Halon reported Petitioner had suffered from mental illness to varying degrees since, at
least, age 12 when he first attempted suicide. (Doc. 5 at 7) Dr. Halon reported that in the previous

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Dr. Halon has been asked by Plaintiff’s counsel, appointed during his state-court appeal, to evaluate whether Plaintiff was
competent to enter a plea at the trial level.

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“18+” years,” Petitioner had been incarcerated or involuntarily hospitalized for the bulk of this period

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and had been diagnosed during this time with “various psychotic disorders . . . with motivational states

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that are highly controlled by the influences of his psychotic and emotional disorders.” Id. Dr. Halon

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reported also that Petitioner had been “consistently diagnosed with some form of affective disorder

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involving both depressed and manic episode, which were sometime accompanied by psychotic

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expressions . . .” Id. Throughout his mental illness Petitioner’s conduct is characterized by Dr. Halon

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as having “psychotic expressions, and as being quick to take exception to staff and other authority

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figures; he mouths off, uses vulgarity, etc., and he is repeatedly and consistently described as very

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impulsive when dealing with others. He is often described as probably manic or, at least, hypomanic,

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pacing the floors, speaking rapidly for long periods of time and sometimes going sleepless; quick to

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take umbrage at something staff says to him.” Id. Dr. Halon reports that Petitioner’s mental illness

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“wax[es] and wan[es] – but [is] never entirely absent – [and during which he demonstrates] chronic

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depression/manic episodes, impulsivity and decision-making that appears anything but rationally

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thought out, and poor cognitive, perceptual, and emotional functioning that are ever-present to some

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degree.” Id. at 7-8.

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Also attached to the motion is a declaration of Robert Navarro, Petitioner’s appellate counsel

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in the state court, in which Mr. Navarro reports Petitioner pleaded guilty to possession of a dirk or

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dagger while detained at Coalinga State Hospital as a Sexually Violent Predator. (Doc. 5 at 11) In

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doing so, Petitioner also admitted the allegations related to his three prior strikes. Id. Navarro reports

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that Petitioner pleaded guilty over the advice of counsel and despite it was “without any consideration

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from the prosecution and there was no ‘indicated’ sentence from the court.” Id. As a result, Petitioner

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was sentenced to 25-years-to-life. Id.

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In seeking an expanded appointment, Mr. Navarro reported to the Court of Appeal that he did

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“not believe that Mr. Putney can complete the petition on his own without the assistance of counsel.

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Mr. Putney is currently incarcerated, and, as has been set out above and is more fully described in Dr.

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Halon’s declaration, suffers from a serious mental illness which makes his mental state prone to

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extreme swings of mood and rationality. He has a history, as shown in the underlying case, of not

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staying on his psychotropic medication, and can be unable to be of assistance to counsel in his legal

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proceedings.” (Doc. 5 at 13)

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After review of the record in this action, it appears that Petitioner may raise complex questions

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related to Petitioner’s competency at the time he entered his plea, which resulted in his current 25-

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years-to-life sentence. In light of the complexity of the legal issues involved, the court has determined

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that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also

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Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Accordingly, the court will appoint the Federal

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Defender to represent Petitioner.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

Petitioner’s motion for appointment of counsel is GRANTED;

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2.

The Federal Defender is appointed to represent Petitioner;

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3.

The Clerk of the Court is directed to serve a copy of the petition filed in this action on

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May 23, 2013 (Doc. 1), the order dismissing the petition with leave to amend and this order on David

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Porter, Assistant Federal Defender;

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4.

Petitioner is granted 60 days leave to file his amended petition.

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IT IS SO ORDERED.
Dated:

July 5, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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