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Garner v. Brazelton

United States District Court, Ninth Circuit

November 12, 2013

CHRISTOPHER E. GARNER, Petitioner,
v.
P.D. BRAZELTON, Respondent.

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE

STEPHEN V. WILSON, District Judge.

I. SUMMARY

On October 31, 2013, Christopher E. Garner ("petitioner"), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody ("Current Petition") challenging a 2007 conviction and sentence in Los Angeles County Superior Court in Case No. PA054310 ("State Case"). Petitioner claims his trial counsel was ineffective in causing petitioner to reject a 12-year plea offer and in failing to communicate a 10-year plea offer to him.

Based on the record (including facts as to which this Court takes judicial notice as detailed below) and the applicable law, the Current Petition is dismissed without prejudice for lack of jurisdiction because petitioner did not obtain the requisite authorization from the Court of Appeals to file a successive petition. Further, the Clerk of the Court is directed to refer the Current Petition to the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit") pursuant to Ninth Circuit Rule 22-3(a).[1]

II. PROCEDURAL HISTORY[2]

A. State Case - Conviction, Sentencing and Direct Appeal

On March 6, 2007, a Los Angeles County Superior Court ("LASC") jury found petitioner guilty of first degree murder (count 1), first degree robbery (count 2), and first degree burglary (count 3). The jury also found that a principal was armed with a firearm during the offenses. On March 20, 2007, the trial court sentenced petitioner to a total of twenty-six years to life in state prison.

On April 7, 2008, the California Court of Appeal affirmed the judgment in a reasoned decision. On July 9, 2008, the California Supreme Court denied review without comment.

B. State Case - State Post-Conviction Proceedings

On October 3, 2008, petitioner filed a state habeas petition in the LASC, which such court denied on October 6, 2008, in a reasoned decision, rejecting an ineffective assistance of appellate counsel claim on the merits and rejecting petitioner's remaining claims on procedural grounds.

On December 30, 2008, petitioner filed a state habeas petition in the California Court of Appeal, which such court denied on January 13, 2009, without comment or citation to authority.

On April 24, 2009, petitioner filed a state habeas petition in the California Supreme Court, which such court denied on October 28, 2009, without comment or citation to authority.

On April 1, 2011, petitioner filed a petition for writ of coram vobis in the California Court of Appeal, which such court denied on April 11, 2011, without comment or citation to authority.

On April 22, 2011, petitioner filed a petition for review in the California Supreme Court, which such court denied on June 8, 2011, ...


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