Manson v. Grounds

Filing 2

ORDER TO SHOW CAUSE Habeas Answer due by 4/5/2013.. Signed by Judge Charles R. Breyer on 2/1/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SHAWN W. MANSON, AH8037,
Petitioner,

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vs.
RANDY GROUNDS, Warden,
Respondent.

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No. C 12-6043 CRB (PR)
ORDER TO SHOW CAUSE

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Petitioner, a state prisoner housed at Salinas Valley State Prison (SVSP),

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has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254

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challenging a conviction from Santa Clara County Superior Court.

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BACKGROUND
Petitioner was convicted by a jury of two counts of lewd acts on a child

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under 14, Cal. Penal Code § 288(a), and one count of forcible lewd acts on a

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child, id. § 288(b)(1). The jury also found that petitioner committed a sexual

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offense against more than one victim within the meaning of California Penal

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Code section 667.61. On June 30, 2011, the court sentenced petitioner to three

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consecutive terms of 15 years to life.

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Petitioner unsuccessfully appealed his conviction to the California Court

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of Appeal and the Supreme Court of California, which on September 12, 2012

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denied review of a petition allegedly raising the same claims raised here.
DISCUSSION

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A.

Standard of Review
This court may entertain a petition for a writ of habeas corpus "in behalf

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of a person in custody pursuant to the judgment of a State court only on the

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ground that he is in custody in violation of the Constitution or laws or treaties of

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the United States." 28 U.S.C. § 2254(a).

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It shall "award the writ or issue an order directing the respondent to show

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cause why the writ should not be granted, unless it appears from the application

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that the applicant or person detained is not entitled thereto." Id. § 2243.

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B.

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Claims
Petitioner seeks federal habeas corpus relief on the grounds that (1) the

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evidence was insufficient to support the forcible-lewd-acts conviction involving

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Stephanie Doe, and (2) the trial court prejudicially erred in admitting testimony

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regarding Child Sexual Abuse Accommodation Syndrome (CSAAS). Liberally

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construed, the claims appear cognizable under § 2254 and merit an answer from

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respondent. See Zichko v. Idaho, 247 F.3d 1015, 1020 (9th Cir. 2001) (federal

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courts must construe pro se petitions for writs of habeas corpus liberally).

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CONCLUSION

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For the foregoing reasons and for good cause shown,

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1.

The clerk shall serve a copy of this order and the petition and all

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attachments thereto on respondent and respondent's attorney, the Attorney

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General of the State of California. The clerk also shall serve a copy of this order

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on petitioner.

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2.

Respondent shall file with the court and serve on petitioner, within

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60 days of the issuance of this order, an answer conforming in all respects to Rule

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5 of the Rules Governing Section 2254 Cases, showing cause why a writ of

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habeas corpus should not be granted. Respondent shall file with the answer and

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serve on petitioner a copy of all portions of the state trial record that have been

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transcribed previously and that are relevant to a determination of the issues

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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 30 days of his receipt
of the answer.
3.

Respondent may file a motion to dismiss on procedural grounds in

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lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the

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Rules Governing Section 2254 Cases. If respondent files such a motion,

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petitioner must serve and file an opposition or statement of non-opposition not

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more than 28 days after the motion is served and filed, and respondent must serve

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and file a reply to an opposition not more than 14 days after the opposition is

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served and filed.

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4.

Petitioner is reminded that all communications with the court must

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be served on respondent by mailing a true copy of the document to respondent's

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counsel. Petitioner must also keep the court and all parties informed of any

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change of address.

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SO ORDERED.

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DATED: Feb. 1, 2013
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.12\Manson, S.12-6043.osc.wpd

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