Hafelfinger v. Frauenheim et al

Filing 4

ORDER TO SHOW CAUSE Habeas Answer or Dispositive Motion due by 5/11/2018. Signed by Judge Robert M. Illman on 3/12/2018. (rmilc1, COURT STAFF) (Filed on 3/12/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISON

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DEREK A. HAFELINGER,

Case No. 18-cv-0879-RMI (PR)

Petitioner,
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v.

ORDER FOR RESPONDENT TO SHOW
CAUSE

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WARDEN SCOTT FRAUENHEIM,

United States District Court
Northern District of California

Respondent.
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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. Petitioner was convicted in Alameda County, so venue is proper here. See

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28 U.S.C. § 2241(d). Petitioner has paid the filing fee and consented to the jurisdiction of a

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Magistrate Judge.
BACKGROUND

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Petitioner was convicted of multiple counts of oral copulation with, and the continuous

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sexual abuse of, his step-daughter. People v. Hafelfinger, No. A148236, 2017 WL 3124435, at *1

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(Cal. Ct. App. July 24, 2017). He was sentenced to twenty-one years to life in prison. Id. His

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appeals to the California Court of Appeal and California Supreme Court were denied. Petition at

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2-3.
DISCUSSION

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Standard of Review

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This court may entertain a petition for writ of habeas corpus “in behalf of a person in

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custody pursuant to the judgment of a State court only on the ground that he is in custody in

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violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v.

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Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading

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requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of

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habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court

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must “specify all the grounds for relief available to the petitioner ... [and] state the facts supporting

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each ground.” Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254. “‘[N]otice’

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pleading is not sufficient, for the petition is expected to state facts that point to a ‘real possibility

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of constitutional error.’” Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 431 F.2d

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688, 689 (1st Cir. 1970)).

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Legal Claims
As grounds for federal habeas relief, petitioner asserts that: (1) the trial court erred in

United States District Court
Northern District of California

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admitting evidence of images of child pornography because they were obtained in an unlawful

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search; (2) the trial court abused its discretion in admitting the images and petitioner received

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ineffective assistance of counsel for this claim; (3) it was an error to admit evidence that petitioner

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watched adult pornography on the family computer and petitioner received ineffective assistance

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of counsel for this claim; (4) it was an error to admit evidence that the victim saw petitioner throw

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a knife across the kitchen and petitioner received ineffective assistance of counsel for this claim;

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(5) trial counsel was ineffective for failing to seek permission to impeach the victim; (6) the trial

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court erred in refusing to allow petitioner to cross-examine the victim cornering an alternate

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source of her knowledge of sex acts; (7) the trial court erred in denying petitioner’s motion for a

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new trial and petitioner received ineffective assistance of counsel for this claim; and (8) the

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cumulative error of the above claims requires reversal. Liberally construed these claims are

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sufficient to require a response.
CONCLUSION

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1. The clerk shall serve by regular mail a copy of this order, the petition and all

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attachments thereto and a Magistrate Judge jurisdiction consent form on respondent and

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respondent's attorney, the Attorney General of the State of California. The clerk also shall serve a

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copy of this order on petitioner.

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2. Respondent shall file with the court and serve on petitioner, within fifty-six (56) days of
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the issuance of this order, an answer conforming in all respects to Rule 5 of the Rules Governing

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Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted.

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Respondent shall file with the answer and serve on petitioner a copy of all portions of the state

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trial record that have been transcribed previously and that are relevant to a determination of the

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issues presented by the petition.

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If petitioner wishes to respond to the answer, he shall do so by filing a traverse with the
court and serving it on respondent within twenty-eight (28) days of his receipt of the answer.
3. Respondent may file a motion to dismiss on procedural grounds in lieu of an answer, as

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set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases.

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If respondent files such a motion, it is due fifty-six (56) days from the date this order is entered. If

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United States District Court
Northern District of California

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a motion is filed, petitioner shall file with the court and serve on respondent an opposition or

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statement of non-opposition within twenty-eight (28) days of receipt of the motion, and

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respondent shall file with the court and serve on petitioner a reply within fourteen (14) days of

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receipt of any opposition.

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4. Petitioner is reminded that all communications with the court must be served on

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respondent by mailing a true copy of the document to respondent’s counsel. Petitioner must keep

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the court informed of any change of address and must comply with the court's orders in a timely

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fashion. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant

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to Federal Rule of Civil Procedure 41(b). See Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir.

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1997) (Rule 41(b) applicable in habeas cases).

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IT IS SO ORDERED.
Dated: March 12, 2018
________________________
ROBERT M. ILLMAN
United States Magistrate Judge

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