Daviesson v. Broomfield

Filing 6

ORDER TO SHOW CAUSE. Respondent answer due by 11/20/2020. Traverse due 12/31/2020. Signed by Judge Edward M. Chen on 9/11/2020. (afmS, COURT STAFF) (Filed on 9/11/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC C. DAVIESSON,
Petitioner,

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United States District Court
Northern District of California

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Case No. 20-cv-03568-EMC
ORDER TO SHOW CAUSE

v.

Docket No. 1
RON BROOMFIELD,
Respondent.

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I.

INTRODUCTION

Eric C. Daviesson, an inmate at San Quentin State Prison, filed this pro se action for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. His petition is now before the Court for review

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pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases.

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II.

BACKGROUND

Mr. Daviesson was charged with multiple felony counts relating to incidents that occurred

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in August 2012, April 2013, and May 2013; eventually, he pled no contest to some charges and

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was put on probation in 2013. See People v. Daviesson, No. A145074, 2017 WL 4586111, at *1-2

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(Cal. Ct. App. Oct. 16, 2017). The Sonoma County Superior Court later revoked his probation on

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10 felony convictions and resentenced him to an aggregate state prison term of 19 years and four

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months. Id. at 1. On appeal, the California Court of Appeal rejected Mr. Daviesson’s efforts to

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obtain a reversal of the orders revoking probation but did remand for resentencing in one of the

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cases. Id. Mr. Daviesson reports that he was resentenced on May 9, 2018 to ten years’

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imprisonment. Docket No. 1-3 at 1.

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Mr. Daviesson reports that he filed an unsuccessful appeal and unsuccessful petitions for

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writ of habeas corpus in the state courts. He then filed this action.
III.

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DISCUSSION

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). A

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district court considering an application for writ of habeas corpus shall “award the writ or issue an

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order directing the respondent to show cause why the writ should not be granted, unless it appears

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from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C.

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§ 2243. Summary dismissal is appropriate only where the allegations in the petition are vague or
conclusory, palpably incredible, or patently frivolous or false. See Hendricks v. Vasquez, 908 F.2d

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United States District Court
Northern District of California

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490, 491 (9th Cir. 1990).

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Mr. Daviesson’s federal petition alleges several claims based on actual innocence. First,

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he contends that he is actually innocent of the sentence enhancement imposed for the infliction of

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great bodily injury in Case No. SCR-662762 and has newly discovered evidence (i.e., medical

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records) to show it. Second, he alleges that the prosecutor concealed the medical records proving

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that great bodily injury did not occur in Case No. SCR-662762. Docket No. 1-3 at 6, 26; see also

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id. at 8 (citing Brady v. Maryland, 373 U.S. 83 (1963), and Napue v. Illinois, 360 U.S. 264

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(1959)). Third, Mr. Daviesson alleges that defense counsel provided ineffective assistance by

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failing to investigate to discover the medical records. See Docket No. 1-3 at 6, 27; see also id. at 8

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(citing Strickland v. Washington, 466 U.S. 668 (1984)). Fourth, Mr. Daviesson alleges that his

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guilty plea to the great-bodily-injury enhancement was not knowing, intelligent, or voluntary

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“because the plea was to a crime that does not exist, and was the direct result of the concealment

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of exculpatory evidence, suborned perjury, and the ineffective assistance of counsel.” Id. at 30.

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Giving the petition the liberal construction to which it is entitled, the Court cannot say that these

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claims are meritless. Respondent must respond to them.

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Mr. Daviesson also contends that there was a “denial of access to the courts” because the

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superior court that decided his petition for writ of habeas corpus “did not address and did

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completely ignore the claim of newly discovered evidence of actual innocence,” and the California
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Court of Appeal and California Supreme Court summarily denied his habeas petitions while

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“completely ignor[ing] the claim of newly discovered evidence of actual innocence,” Docket No.

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1-3 at 6-7. Even assuming a denial-of-access-to-the-courts claim could exist based on a court’s

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failure to discuss a claim presented to it, Mr. Daviesson’s claim must be dismissed because it

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alleges an error in the state habeas proceedings, rather than an error at trial or on direct appeal.

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Errors in the state post-conviction review process are not addressable through federal

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habeas corpus proceedings. See Ortiz v. Stewart, 149 F.3d 923, 939 (9th Cir. 1998) (state judge’s

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refusal to appoint counsel in second post-conviction relief proceeding might be a violation of

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Arizona law, but does not constitute ground for a federal habeas claim because there is no
constitutional right to an attorney in a state post-conviction proceeding); Gerlaugh v. Stewart, 129

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United States District Court
Northern District of California

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F.3d 1027, 1045 (9th Cir. 1997); Villafuerte v. Stewart, 111 F.3d 616, 632 n.7 (9th Cir. 1997);

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Franzen v. Brinkman, 877 F.2d 26, 26 (9th Cir. 1989) (dismissing claim that state court’s delay of

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over a year in deciding petitioner’s state post-conviction relief petition was in violation of his right

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to due process; “a petition alleging errors in the state post-conviction review process is not

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addressable through habeas corpus proceedings”). Such errors do not generally represent an attack

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on the prisoner’s detention and therefore are not proper grounds for habeas relief. They instead

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generally pertain to the review process itself and not to the constitutionality of a state conviction.

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See, e.g., 28 U.S.C. § 2254(i) (claims of ineffective assistance of state or federal post-conviction

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counsel not cognizable on federal habeas review); Franzen, 877 F.2d at 26 (delay in state habeas

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proceeding not addressable in federal habeas); Millard v. Lynaugh, 810 F.2d 1403, 1410 (5th Cir.

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1987) (denial of hearing on state collateral proceedings not addressable in federal habeas). A

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petitioner may argue, in support of a claim of a constitutional error at trial, appeal or sentencing

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that the state court erred in its analysis of that claim when the state court addressed the claim on

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collateral review – as part of the petitioner’s showing that the state court’s rejection of his

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constitutional claim was contrary to or an unreasonable application of Supreme Court precedent,

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see 28 U.S.C. § 2254(d) -- but the petitioner cannot assert a separate and independent claim for

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federal habeas relief that there was an error in the state habeas proceedings.

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The rule that federal habeas courts cannot address errors in the state post-conviction
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procedure (such as a state habeas proceeding) may appear confusing at first blush in light of the

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fact that federal habeas courts routinely entertain claims that were presented in state court in a

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state habeas petition. The critical dividing point for determining whether the claim is barred by

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the rule in the preceding paragraph is whether the claim is of a constitutional violation at the

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underlying trial, appeal and sentencing, or of an alleged constitutional violation in the state habeas

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proceedings. In a federal habeas action, the former can be entertained but the latter cannot.

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Although claims may arrive in a federal habeas court after having been presented to state courts in

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state habeas petitions, the federal court can entertain only those claims that pertain to the trial,

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appeal, and sentencing, but not to the state habeas proceeding. Here, Mr. Daviesson’s denial-ofaccess-to-the-courts claim is not cognizable in a federal habeas action because it is for an error

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United States District Court
Northern District of California

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occurring in the state habeas proceeding, i.e., the state habeas court’s alleged failure to explicitly

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address one of his claims. The denial-of-access-to-the-courts claim must be dismissed without

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leave to amend.
IV.

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For the foregoing reasons,

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1.

CONCLUSION

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The denial-of-access-to-the-courts claim is dismissed without leave to amend.

Respondent must respond to the other claims in the petition.
2.

The Clerk shall serve a copy of this order, the petition and all attachments thereto

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upon Respondent and Respondent's attorney, the Attorney General of the State of California. The

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Clerk shall also serve a copy of this order on Petitioner.

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3.

Respondent must file and serve upon Petitioner, on or before November 20, 2020,

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an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases,

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showing cause why a writ of habeas corpus should not be issued. Respondent must file with the

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answer a copy of all portions of any court proceedings that have been previously transcribed and

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that are relevant to a determination of the issues presented by the petition.

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4.

If Petitioner wishes to respond to the answer, he must do so by filing a traverse and

serving it on Respondent on or before December 31, 2020.
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Petitioner is responsible for prosecuting this case. Petitioner must promptly 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. Petitioner is cautioned that he must include the case name and case number for this case

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on any document he files in this case.

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IT IS SO ORDERED.

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Dated: September 11, 2020

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______________________________________
EDWARD M. CHEN
United States District Judge

United States District Court
Northern District of California

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