Magidson v. Allison
Filing
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ORDER TO SHOW CAUSE RE: PETITION FOR WRIT OF HABEAS CORPUS. Signed by Judge Edward J. Davila on 2/22/2013. (ejdlc1, COURT STAFF) (Filed on 2/22/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
CASE NO. 5:10-cv-05118 EJD
MICHAEL WILLIAM MAGIDSON,
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ORDER TO SHOW CAUSE RE:
PETITION FOR WRIT OF HABEAS
CORPUS
Petitioner(s),
For the Northern District of California
United States District Court
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v.
KATHLEEN ALLISON, Warden,
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Respndent(s).
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Petitioner Michael William Magidson (“Petitioner”), represented by counsel, has filed a
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Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his state conviction
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from Alameda County Superior Court for second-degree murder. See Docket Item No. 1. Having
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undertaken an initial review of the Petition and for good cause shown, the court will order
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Respondent to show cause why the Petition should not be granted.
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I.
BACKGROUND
Petitioner and co-defendants Jose Merel (“Merel”) and Jason Cazares (“Cazares”) were
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charged by Information of the murder of Edward Araujo (“Araujo”). On September 12, 2005, a jury
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returned guilty verdicts against Petitioner and Merel. On January 27, 2006, Petitioner was sentenced
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to a custodial term of 15 years to life.
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According to the Petition, an abbreviated version of the events leading up to Petitioner’s
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conviction are as follows: Araujo, although anatomically male, had been dressing full-time as a
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woman since the age of 14, and met Petitioner and Cazares during the summer of 2002 when Araujo
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CASE NO. 5:10-cv-05118 EJD
ORDER TO SHOW CAUSE RE: PETITION FOR WRIT OF HABEAS CORPUS
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was 17 years old. Araujo eventually became a regular visitor to Merel’s house in Newark,
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California, where Petitioner, Merel, Cazares, Jaron Nabors (“Nabors”) and others routinely gathered
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to “drink, play dominoes . . . and smoke marijuana.”
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Over the course of some months, Araujo had sexual contact with Nabors, Merel, and
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Petitioner, and as a result, the three began to speculate whether Araujo, who had always portrayed to
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be female, was actually male. After confronting Araujo with this question on October 4, 2002, it
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was revealed that Araujo was male. Araujo was beaten as a result and, eventually, killed.
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Petitioner’s conviction was affirmed by the California Court of Appeal on May 12, 2009.
The California Supreme Court denied a petition for review on August 19, 2009.
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For the Northern District of California
United States District Court
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II.
DISCUSSION
A district 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). A district court shall “award the writ or issue an order directing the
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respondent to show 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.” 28 U.S.C. § 2243.
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Here, Petitioner makes three principal arguments in support of the writ: (1) the prosecutor
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violated Petitioner’s rights under the Sixth and Fourteenth Amendments by “vouching” for Merel
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during his testimony; (2) the prosecutor violated Petitioner’s rights under the Sixth and Fourteenth
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Amendments by impugning the integrity of defense counsel and implying that defense counsel
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believed petitioner was guilty; and (3) instructional error. Petitioner further alleges he has exhausted
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his state remedies as to these arguments. Liberally construed, Petitioner’s claims appear cognizable
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under § 2254 and warrant a response from Respondent.
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Accordingly, the court orders Respondent to show cause why the petition should not be
granted.
III.
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The court orders as follows:
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1.
ORDER
The Clerk shall serve by mail a copy of this Order to Show Cause and the Petition
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CASE NO. 5:10-cv-05118 EJD
ORDER TO SHOW CAUSE RE: PETITION FOR WRIT OF HABEAS CORPUS
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and all attachments upon Respondent and Respondent’s attorneys, the Attorney
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General of the State of California. The Clerk shall also serve a copy of this Order on
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Petitioner.
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2.
Respondent shall file with the court and serve on Petitioner, within sixty (60) days of
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the date this order is filed, an answer conforming in all respects to Rule 5 of the Rules
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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should
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not be granted. Respondent shall file with the answer and serve on Petitioner a copy
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of all portions of the underlying state criminal court records that have been
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transcribed previously and that are relevant to a determination of the issues presented
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For the Northern District of California
United States District Court
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by the Petition.
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If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with
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the court and serving a copy on Respondent within thirty (30) days of his receipt of
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the answer.
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4.
Respondent may file a motion to dismiss on procedural grounds in lieu of an answer,
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as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing
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Section 2254 Cases. If Respondent files such a motion, Petitioner shall file with the
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court and serve on Respondent an opposition or statement of non-opposition within
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thirty (30) days of receipt of the motion. Respondent may file with the court and
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serve on Petitioner a reply within fifteen (15) days of receipt of any opposition.
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IT IS SO ORDERED.
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Dated: February 22, 2013
EDWARD J. DAVILA
United States District Judge
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CASE NO. 5:10-cv-05118 EJD
ORDER TO SHOW CAUSE RE: PETITION FOR WRIT OF HABEAS CORPUS
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