Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sherrod Kearney v. G. Swarthout

November 8, 2011

SHERROD KEARNEY,
PETITIONER,
v.
G. SWARTHOUT, WARDEN,
RESPONDENT.



The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

United States District Court For the Northern District of California

Petitioner Sherrod Kearney, a state prisoner incarcerated at Vacaville State Prison, has filed a petition for a writ of habeas 14 corpus pursuant to 28 U.S.C. § 2254. 15

BACKGROUND

The following facts are taken from the opinion of the California Court of Appeal. Resp't's Ex. A. 18

Petitioner was accused of injuring Leticia Garcia in three separate incidents in 2004, and of arson in connection with the 20 third incident. The jury found him guilty of three counts of 21 corporal injuries on a cohabitant and one count of arson of an 22 inhabited structure. At Petitioner's preliminary hearing, the 23 arresting officers from the three incidents testified about 24 Garcia's statements to them at the time of those incidents. At 25 the preliminary hearing, Garcia acknowledged making statements to 26 officers that incriminated Petitioner, but she then repudiated 27 them. At trial, Garcia invoked her rights under the Fifth 28 Amendment of the United States Constitution and refused to testify regarding the three incidents or her relationship with Petitioner.

Instead, a transcript of Garcia's testimony at Petitioner's 3 preliminary hearing was read to the jury. Petitioner's trial 4 counsel did not object to admission of Garcia's preliminary 5 hearing transcript, but she did object to the admission of the 6 officers' preliminary hearing transcripts. 7

The California Court of Appeal affirmed the judgment on March 27, 2008. The California Supreme Court denied review on July 9, 9 2008. The United States Supreme Court denied certiorari on 10 November, 3, 2008.

Petitioner filed a petition for a writ of habeas corpus in the California Supreme Court on November 3, 2009. Petitioner then 13 filed a federal habeas petition with this Court on November 9, 14 2009. On February 10, 2010, this Court stayed the federal 15 proceedings pending Petitioner's exhaustion of state judicial 16 remedies. Petitioner's state petition was denied on April 22, 17 2010; Petitioner's amended federal habeas petition was filed on 18 September 1, 2010. 19

LEGAL STANDARD

I. Habeas Corpus 21

A federal writ of habeas corpus may not be granted with respect to any claim that was adjudicated on the merits in state 23 court unless the state court's adjudication of the claims: 24

"(1) resulted in a decision that was contrary to, or involved an 25 unreasonable application of, clearly established Federal law, as 26 determined by the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.