Martinez v. Curry
Filing
13
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS; DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on May 11, 2011. (mmcsec, COURT STAFF) (Filed on 5/11/2011)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
10
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
For the Northern District of California
United States District Court
9
12
13
14
15
16
17
)
)
)
Petitioner,
)
)
v.
)
)
BEN CURRY, Warden,
)
)
Respondent.
______________________________ )
LAWRENCE MARTINEZ,
No. C 09-2116 MMC (PR)
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS;
DENYING CERTIFICATE OF
APPEALABILITY
On May 14, 2009, petitioner, a California prisoner incarcerated at the Correctional
18
Training Facility, Soledad, and proceeding pro se, filed the above-titled petition for a writ of
19
habeas corpus pursuant to 28 U.S.C. § 2254, challenging a 2007 decision by the California
20
Board of Parole Hearings (“Board”) to deny petitioner parole. Respondent filed an answer to
21
the petition, and petitioner filed a traverse.
22
Subsequently, the Ninth Circuit issued its decision in Hayward v. Marshall, 603 F.3d
23
546 (9th Cir. 2010) (en banc), which addressed important issues relating to federal habeas
24
review of Board decisions denying parole to California state prisoners. After the parties filed
25
supplemental briefs explaining their views of how the Hayward en banc decision applies to
26
the facts presented in the instant petition, the United States Supreme Court filed its opinion in
27
Swarthout v. Cooke, 131 S. Ct. 859 (2011) (per curiam), which opinion clarifies the
28
constitutionally required standard of review applicable to petitioner’s due process claim
1
2
herein.
For the reasons discussed below, the petition will be denied.
3
BACKGROUND
4
In 1988, in the Superior Court of Imperial County (“Superior Court”), petitioner
5
pleaded guilty to charges of kidnap for robbery. He was sentenced to a term of seven years
6
to life in state prison. The conviction was affirmed on appeal; petitioner does not state in the
7
instant petition whether he sought review from the California Supreme Court.
8
Petitioner’s eighth parole suitability hearing, which is the subject of the instant
9
petition, was held on June 25, 2007. At the conclusion of the hearing, the Board, after having
reviewed the facts of the commitment offense, petitioner’s social and criminal history, his
11
For the Northern District of California
United States District Court
10
employment, educational and disciplinary history while incarcerated, and his mental health
12
reports, found petitioner was not yet suitable for parole and would pose an unreasonable risk
13
of danger to society or threat to public safety if released from prison. (Resp’t Answer to
14
Order to Show Cause (“Answer”) Ex. A (Sup. Ct. Pet.) Ex. E (Transcript of Parole Board
15
Hearing) at 115-125.)1
16
After he was denied parole, petitioner filed a habeas petition in the Superior Court,
17
challenging the Board’s decision. In a reasoned order filed November 4, 2008, the Superior
18
Court denied relief, finding the Board properly applied state parole statutes and regulations to
19
find petitioner unsuitable for parole, and that some evidence supported the Board’s decision.
20
(Answer Ex. B.) Petitioner next filed a habeas petition in the California Court of Appeal. In
21
a reasoned order filed February 5, 2009, the Court of Appeal found, as had the Superior
22
Court, that the Board properly applied state parole statutes and regulations to find petitioner
23
unsuitable for parole, and that some evidence supported the Board’s decision. (Answer Ex.
24
D.) Petitioner then filed a petition for review in the California Supreme Court; the petition
25
was summarily denied on March 25, 2009. (Answer Ex. F.)
26
Petitioner next filed the instant petition, in which he claims the Board did not provide
27
1
28
Unless otherwise noted, all references herein to exhibits are to exhibits submitted by
respondent in support of the Answer.
2
1
him with a hearing that met the requirements of federal due process. In particular, petitioner
2
claims the Board’s decision to deny parole was not supported by some evidence that
3
petitioner at that time posed a danger to society if released, but, instead, was based solely on
4
the unchanging circumstances of the commitment offense.
DISCUSSION
5
6
A.
7
Standard of Review
A federal district court may entertain a petition for a writ of habeas corpus “in behalf
in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C.
10
§ 2254(a). The petition may not be granted with respect to any claim that was adjudicated on
11
For the Northern District of California
of a person in custody pursuant to the judgment of a State court only on the ground that he is
9
United States District Court
8
the merits in state court unless the state court’s adjudication of the claim: “(1) resulted in a
12
decision that was contrary to, or involved an unreasonable application of, clearly established
13
Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a
14
decision that was based on an unreasonable determination of the facts in light of the evidence
15
presented in the State court proceeding.” 28 U.S.C. § 2254(d); see Williams (Terry) v.
16
Taylor, 529 U.S. 362, 409-13 (2000). Section 2254(d) applies to a habeas petition filed by a
17
state prisoner challenging the denial of parole. Sass v. California Board of Prison Terms, 461
18
F.3d 1123, 1126-27 (9th Cir. 2006).
19
Here, as noted, the California Supreme Court summarily denied review of petitioner’s
20
claims. The California Court of Appeal thus was the highest state court to address the merits
21
of petitioner’s claims in a reasoned decision, and it is that decision which this Court reviews
22
under § 2254(d). See Ylst v. Nunnemaker, 501 U.S. 797, 803-04 (1991); Barker v. Fleming,
23
423 F.3d 1085, 1091-92 (9th Cir. 2005).
24
B.
25
Petitioner’s Claim
Under California law, prisoners serving indeterminate life sentences, like petitioner
26
here, become eligible for parole after serving minimum terms of confinement required by
27
statute. In re Dannenberg, 34 Cal. 4th 1061, 1078 (2005). Regardless of the length of time
28
served, “a life prisoner shall be found unsuitable for and denied parole if in the judgment of
3
1
the panel the prisoner will pose an unreasonable risk of danger to society if released from
2
prison.” Cal. Code Regs. tit. 15 (“CCR”), § 2402(a). In making the determination as to
3
whether a prisoner is suitable for parole, the Board must consider various factors specified by
4
state statute and parole regulations. In re Rosenkrantz, 29 Cal. 4th 616, 654 (2002); see CCR
5
§ 2402(b)–(d). When a state court reviews a Board’s decision denying parole, the relevant
6
inquiry is whether “some evidence” supports the decision of the Board that the inmate poses
7
a current threat to public safety. In re Lawrence, 44 Cal. 4th 1181, 1212 (2008).
8
As noted, petitioner claims the Board’s decision to deny him a parole date violated his
evidence that petitioner at such time posed a danger to society if released, but, instead, was
11
For the Northern District of California
federal constitutional right to due process because the decision was not supported by some
10
United States District Court
9
based solely on the unchanging circumstances of the commitment offense. Federal habeas
12
corpus relief is unavailable for an error of state law. Swarthout v. Cooke, 131 S. Ct. 859, 861
13
(per curiam) (2011). Under certain circumstances, however, state law may create a liberty or
14
property interest that is entitled to the protections of federal due process. In particular, while
15
there is “no constitutional or inherent right of a convicted person to be conditionally released
16
before the expiration of a valid sentence,” Greenholtz v. Inmates of Nebraska Penal & Corr.
17
Complex, 442 U.S. 1, 7 (1979), a state’s statutory parole scheme, if it uses mandatory
18
language, may create a presumption that parole release will be granted when, or unless,
19
certain designated findings are made, and thereby give rise to a constitutionally protected
20
liberty interest. See id. at 11-12. The Ninth Circuit has determined California law creates
21
such a liberty interest in release on parole. Cooke, 131 S. Ct. at 861-62.
22
When a state creates a liberty interest, the Due Process Clause requires fair procedures
23
for its vindication, and federal courts will review the application of those constitutionally
24
required procedures. Id. at 862. In the context of parole, the procedures necessary to
25
vindicate such interest are minimal: a prisoner receives adequate process when “he [is]
26
allowed an opportunity to be heard and [is] provided a statement of the reasons why parole
27
was denied.” Id. “The Constitution,” [the Supreme Court has held], “does not require
28
more.” Id.; see Pearson v. Muntz, No. 08-55728, --- F.3d ---, 2011 WL 1238007, at *5 (9th
4
1
Cir. Apr. 5, 2011) (“Cooke was unequivocal in holding that if an inmate seeking parole
2
receives an opportunity to be heard, a notification of the reasons as to denial of parole, and
3
access to their records in advance, that should be the beginning and end of the inquiry into
4
whether the inmate received due process.”) (internal brackets, quotation and citation
5
omitted).
Court to be adequate in Cooke. Specifically, the record shows the following: petitioner was
8
represented by counsel at the hearing (Ex. A Ex. E at 2:19-20); petitioner and his counsel had
9
access, in advance of the hearing, to the documents reviewed by the Board at the hearing, and
10
petitioner’s counsel submitted additional documents at the hearing for the Board’s review (id.
11
For the Northern District of California
Here, the record shows petitioner received at least the process found by the Supreme
7
United States District Court
6
at 14:9-11, 17:1-18:10); the Board read into the record the facts of the commitment offense
12
as set forth in the probation officer’s report prepared for petitioner’s sentencing hearing (id.
13
at 22:2-29:24); petitioner was provided the opportunity to discuss the commitment offense
14
with the Board, but declined to do so (id. at 19:25-26:1), the Board discussed with petitioner
15
his personal background, his parole plans, his achievements while incarcerated, and the
16
mental health reports prepared for the hearing (id. at 31:1-105:21); petitioner was questioned
17
by his counsel, and both petitioner and his counsel made statements advocating petitioner’s
18
release (id. at 105:22-114:11); petitioner received a thorough explanation as to why the
19
Board denied parole (id. at 115-125).
20
Further, because California’s “some evidence” rule is not a substantive federal
21
requirement, whether the Board’s decision to deny parole was supported by some evidence of
22
petitioner’s current dangerousness is not relevant to this Court’s decision on the instant
23
petition for federal habeas corpus relief. Cooke, 131 S. Ct. at 862-63. The Supreme Court
24
has made clear that the only federal right at issue herein is procedural; consequently, “it is no
25
federal concern . . . whether California’s ‘some evidence’ rule of judicial review (a procedure
26
beyond what the Constitution demands) was correctly applied.” Id. at 863.
27
As the record shows petitioner received all the process to which he was
28
constitutionally entitled, the Court finds no federal due process violation occurred, and
5
1
accordingly, the petition for a writ of habeas corpus will be denied.
2
C.
3
Certificate of Appealability
A certificate of appealability will be denied with respect to the Court’s denial of the
4
instant petition. See 28 U.S.C. § 2253(c)(1)(a); Rules Governing Habeas Corpus Cases
5
Under § 2254, Rule 11 (requiring district court to issue or deny certificate of appealability
6
when entering final order adverse to petitioner). Specifically, petitioner has failed to make a
7
substantial showing of the denial of a constitutional right, as he has not demonstrated that
8
reasonable jurists would find the Court’s assessment of the constitutional claims debatable or
9
wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
CONCLUSION
11
For the Northern District of California
United States District Court
10
For the reasons stated above, the Court orders as follows:
12
1. The petition for a writ of habeas corpus is hereby DENIED.
13
2. A certificate of appealability is hereby DENIED.
14
The Clerk shall enter judgment in favor of respondent and close the file.
15
IT IS SO ORDERED.
16
17
18
DATED: May 11, 2011
_________________________
MAXINE M. CHESNEY
United States District Judge
19
20
21
22
23
24
25
26
27
28
6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?