Eghtesadi v Clark, et al

Filing 29

ORDER signed by Senior Judge Terry J. Hatter, Jr. on 10/12/2012 ORDERING that the petition be and HEREBY is DENIED. CASE CLOSED (Reader, L)

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United States District Court
Eastern District of California

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ABBAS EGHTESADI,
Petitioner,

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08-CV-02221 TJH

v.

Order

M. Martel, et al.,
Respondents.

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On July 30, 2002, Petitioner was convicted of seven counts of foreign object

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penetration in concert, two counts of forcible rape in concert, three counts of forcible oral

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copulation in concert, assault with intent to commit sodomy, attempted murder, two

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counts of forcible rape, two counts of forcible oral copulation, and forcible sodomy. The

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jury found that Petitioner personally used a deadly and dangerous weapon and personally

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inflicted great bodily injury in the commission of count fourteen, and found that he used

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a deadly weapon in the commission of counts fifteen through nineteen. The jury found

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that the offenses were committed against more than one victim. Petitioner was sentenced

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to a determinate state prison term of 72 years and eight months, plus a consecutive

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indeterminate term of 65 years to life. The California Court of Appeal affirmed the

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judgment, and the California Supreme Court denied review.
Order – Page 1 of 4

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Petitioner’s habeas petitions were denied by the trial court, state appellate court,

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and state supreme court. Petitioner filed his petition for habeas relief before this Court.

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Respondent’s motion to dismiss the petition on statute of limitations grounds was denied.

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Petitioner asserts that he is entitled to habeas relief on three grounds: First, Juror

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11's failure to disclose during voire dire that his Aunt was a district attorney in another

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state, and the trial court’s refusal to grant a full evidentiary hearing on the question of

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juror bias when this was discovered, violates the Sixth and Fourteenth Amendments;

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Second, Juror 11's introduction of extrinsic evidence during jury deliberations, and the

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trial court’s refusal to grant a full evidentiary hearing on the question of extrinsic

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evidence, violates the Sixth and Fourteenth Amendments; and Third, the prosecution

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knowingly permitted the use of false testimony when it did not correct a witness’s false

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response to defense counsel’s question, violating Petitioner’s due process rights.

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The petition is governed by the Anti-Terrorism and Effective Death Penalty Act

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(“AEDPA”), 28 U.S.C. § 2254. Lindh v. Murphy, 521 U.S. 320, 326, 117 S. Ct. 2059,

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2063, 138 L. Ed. 2d 481, 488 (1997). Under the AEDPA, a federal court may not grant

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a writ of habeas corpus unless the state court’s adjudication was either: 1) Contrary to,

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or involved an unreasonable application of, clearly established federal law, as determined

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by the Supreme Court of the United States; or 2) Based on an unreasonable determination

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of the facts in light of the evidence presented at the State Court proceeding. 28 U.S.C.

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§ 2254(d)(1-2). Petitioner has not demonstrated that he is entitled to relief under this

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standard.

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First, Petitioner fails to show that the trial court’s handling of the voire dire

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questionnaire omission and the request for an evidentiary hearing on bias was contrary

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to, or an unreasonable application of, clearly established federal law. A defendant is not

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entitled to an evidentiary hearing or a new trial whenever any evidence of potential jury

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bias arises. Tracey v. Palmateer, 341 F.3d 1037, 1040-45 (9th Cir. 2003) cert. denied,

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543 U.S. 864, 125 S. Ct. 196, 160 L. Ed. 2d 107 (2004). Investigation into alleged juror

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misconduct is at the discretion of the trial court, and due process is satisfied if the trial
Order – Page 2 of 4

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court chooses to hold a hearing on the subject. Smith v. Phillips, 455 U.S. 209, 218, 102

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S. Ct. 940, 946, 71 L. Ed. 2d 78, 87 (1982). Here, the trial court determined that the

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omission was not intentional or material, and, thus, was no basis to believe Juror 11 was

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biased. In fact, Juror 11 truthfully listed his relation to a sheriff and told the trial court

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he could be impartial during deliberations. After inquiring into the nature of the

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omission, the trial court found that no evidentiary hearing was necessary. Petitioner’s

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first claim fails.

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Second, Petitioner fails to show that Juror 11's introduction of extrinsic evidence

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during jury deliberations, and the trial court’s refusal to grant a full evidentiary hearing

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on the question of extrinsic evidence, was contrary to, or an unreasonable application of,

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clearly established federal law. Investigation into alleged juror misconduct is at the

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discretion of the trial court, and due process is satisfied if the trial court chooses to hold

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a hearing on the subject. Smith, 455 U.S. 209. Here, the trial court held a hearing to

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determine whether any members of the jury were biased when Juror 11 repeated his

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Aunt’s statement on a common criminal charging practice. The statement falls short of

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suggesting Petitioner was guilty of any crime, and instead only provides a possible

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explanation of why the prosecution would charge fewer counts than the amount of

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criminal acts the jury believes may exist. The trial court found that the evidence of

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conversation between Juror 11 and Juror 11's Aunt did not raise a strong possibility of

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a prohibited conversation during trial. Further, the trial court determined that only two

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jurors received and understood Juror 11's comment, and subsequently gave curative

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instructions to each member of the jury to disregard the comment and to remain impartial.

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Each juror agreed to do so. The trial court ensured that the extrinsic statement would not

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prejudice the Petitioner. The trial court reasonably complied with established federal law.

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Petitioner’s second claim fails.

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Third, Petitioner fails to show that the prosecution’s failure to correct a witness’s

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false response on defense counsel’s cross-examination violates Petitioner’s due process

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rights. Generally, a prosecutor has an independent duty to correct testimony he or she
Order – Page 3 of 4

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knows to be false. Belmontes v. Brown, 414 F.3d 1094, 1115 (9th Cir. 2005) rev'd on

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other grounds sub nom. Ayers v. Belmontes, 549 U.S. 7, 127 S. Ct. 469, 166 L. Ed. 2d 334

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(2006). When there is a reasonable likelihood that the false testimony could have affected

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the judgment of the jury, a conviction must be set aside. Belmontes, 414 F.3d at 1115.

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The trial court correctly applied this standard when determining if the witness’s testimony

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that she had only been arrested once, when in fact she had been arrested more than once,

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was reasonably likely to affect the judgment of the jury. The trial court found that it

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would not. The witness was forthright in disclosing her past transgressions, which

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included, inter alia, involvement in prostitution and drug use, lying to the police, and

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previously changing her story. Also, the defense skillfully cross-examined the witness.

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Correcting the witness’s false statement would not reasonably have affected the jury’s

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judgment in light of all the other evidence given to the jury. Thus, the trial court’s

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decision was not contrary to, nor an unreasonably application of, clearly established

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federal law. Petitioner’s third claim fails.

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It is Ordered that the petition be, and hereby is, Denied.

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Date: October 12, 2012
__________________________________
Terry J. Hatter, Jr.
Senior United States District Judge

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