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.

Blanchard v. Garnette

United States District Court, N.D. California, San Jose Division

May 29, 2018

MICHAEL BLANCHARD, Plaintiff,
v.
LAURA GARNETTE, et al., Defendants.

          ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS RE: DKT. NO. 1

          EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE

         Petitioner has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his state conviction. Respondent filed an answer on the merits (Dkt. No. 13) and Petitioner filed a traverse (Dkt. No. 18). For the reasons set forth below, the petition for a writ of habeas corpus is DENIED.

         I. BACKGROUND

         On January 13, 2012, a jury found Petitioner guilty of one count of attempted criminal threat (Cal. Penal Code §§ 422, 664) and two counts of assault with a deadly weapon (Cal. Penal Code § 245(a)(1)). He was placed on probation for three years and ordered to serve a one-year term in county jail as a condition of probation. Petitioner's probationary term expired in March 2015.

         On January 23, 2014, the California Court of Appeal, Sixth Appellate District, affirmed the judgment. Dkt. No. 15-12. The California Supreme Court denied review on April 9, 2014. Dkt. No. 15-14.

         A. Statement of Facts

         The California Court of Appeal summarized the facts of the case as follows:

A. Incident at Brittania Arms
On April 4, 2010, Tiffani Sturges was at the Brittania Arms on Almaden Expressway. She sat at the bar while waiting for a friend. Defendant came over and sat near Sturges, then struck up a conversation with her.
During their conversation, defendant claimed he was a social worker who made $80, 000 per year. Defendant got angry when Sturges told him she did not believe he made that much money. He then told her, “you need to, like, suck my dick, or I'm going to slit your throat.” Sturges “kind of laughed” and responded, “No, I'm not.” Defendant said, “I can make you.” Sturges “didn't think he was serious” and told him, “You're ridiculous.”
Defendant repeated his threat, saying, “I'm going to follow you home and I'm going to make you suck my dick and I am going to slit your throat.” Sturges responded, “You don't know where I live.” Defendant said, “I do know where you live. I know where your family lives.”
Defendant also told Sturges, “I have a knife.” Sturges responded, “Oh, really?” Defendant then took out a Leatherman multi-purpose tool, held it underneath the bar, and opened the knife implement. Sturges was “stunned.” Defendant repeated his threat. Sturges told him, “don't threaten me, ” saying she had “cops” in her family. Defendant replied, “I don't care. I am a Hell's Angel.”
Sturges felt “pretty terrified, ” but she did not yell out for help. She was “in shock, ” and she thought defendant might respond by stabbing her. She did not try to leave the bar, fearing defendant might follow her home as he had threatened. Instead, she tried to think of a way to get help without attracting a lot of attention.
When defendant got up to use the restroom, he told Sturges he would follow her if she left. Sturges remained at the bar but asked the bartender for her bill. She then wrote a note on the back of 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.