Ramirez v. Yates
Filing
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ORDER signed by Magistrate Judge Timothy J. Bommer on 1/11/12 ORDERING that this matter be set for oral argument on 3/5/2012 at 09:30 AM in Courtroom 27 before Magistrate Judge Timothy J. Bommer. The parties shall appear at oral argument through their counsel. (Meuleman, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CARLOS BARAJAS RAMIREZ,
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Petitioner,
2: 10 - cv - 1417 - MCE TJB
vs.
JAMES A. YATES, Warden
Respondent.
ORDER
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Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted by a jury of spousal rape, sodomy
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by force and corporal injury on a spouse. Petitioner received a sentence of seventeen years
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imprisonment. Petitioner raises numerous ineffective assistance of counsel claims in his federal
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habeas petition; specifically: (1) ineffectiveness for failing to impeach Petitioner’s wife (Rosa
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Saldana) on her prior criminal acts (“Claim I”); (2) ineffectiveness for failing to establish
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Saldana’s bias and motive to lie (“Claim II”); (3) ineffectiveness for failing to impeach Saldana
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with other acts which reflected her dishonesty and manipulation (“Claim III”); (4) ineffectiveness
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for failing to impeach Saldana with her prior purportedly inconsistent statements of the incident
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(“Claim IV”) (5) ineffectiveness for failing to impeach Saldana with dildo photos (“Claim V”);
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(6) ineffectiveness for failing to investigate (“Claim VI”); (7) ineffectiveness for failing to have
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Petitioner testify on his own behalf at trial (“Claim VII”); and (8) ineffectiveness for failing to
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present evidence of Petitioner’s good character (“Claim VIII”).
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Upon analyzing the briefs by the parties and the record, the court will entertain oral
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argument on the legal issues presented by Petitioner. While not limited to the topics and issues
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listed below, the parties should be prepared to specifically address the following issues at oral
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argument:
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1.
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Whether the trial court’s decision from the bench denying the motion for new trial
constitutes the last reasoned decision for purposes of AEDPA review?
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If the trial court’s decision denying the motion for a new trial does constitute the
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last reasoned decision for purposes of AEDPA review, whether its statement that
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“the challenged conduct essentially is whether to call certain witnesses” was
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incorrect with reference to Petitioner’s claims of ineffectiveness for failing to
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impeach Rosa Saldana with her prior acts, motive to lie, Saldana’s prior
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inconsistent statements along with trial counsel’s failure to investigate and
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introduce into evidence the two dildo photographs?
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3.
What impact, if any, does Petitioner’s statement to police upon his arrest that he
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only engaged in oral sex with Saldana have in determining whether Petitioner was
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prejudiced by trial counsel’s purported ineffectiveness particularly in light of the
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DNA evidence produced at trial? Should this evidence be utilized in analyzing
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the prejudice prong on Petitioner’s ineffective assistance of counsel claims, what
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impact, if any, does that have on the standard of review?
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4.
Is the Court limited in analyzing trial counsel’s stated reasons for his actions as
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stated in his testimony at the motion for new trial hearing in deciding whether
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counsel’s performance fell below an objective standard of reasonableness?
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5.
Was trial counsel decision not to impeach Saldana with her prior arrests because
the police reports were old and that he thought he would not win any points with
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the jury objectively unreasonable in that many of the arrests were only a few years
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old? Why or why not?
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6.
Does counsel’s questioning of Saldana regarding her driving without a license
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show that trial counsel’s performance did not fall below an objective standard of
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reasonableness on impeaching Saldana?
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In determining whether Petitioner’s trial counsel was ineffective for failing to
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impeach Saldana with on her prior criminal acts, does the Court need to
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affirmatively find that the arrests would have been admissible in state court? If
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so, how would this evidence be admissible?
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8.
Whether trial counsel’s reasoning that he did not seek to admit the dildo
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photographs because they were taken after the incident occurred falls below an
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objective standard of reasonableness?
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9.
Does the fact that Petitioner remained silent at trial regarding his wanting to
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testify defeat his ineffective assistance of counsel claim for failing to call him as a
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witness?
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In accordance with the foregoing, IT IS HEREBY ORDERED that:
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1.
This matter is set for oral argument on March 5, 2012, at 9:30 a.m. before the
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undersigned in Courtroom # 27 at the United States Courthouse located at 501 I
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Street, Sacramento, California, 95814; and
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2.
The parties shall appear at oral argument through their counsel.
DATED: January 11, 2012
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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE
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