United States District Court, E.D. California
RYLAND G. HILL, JR., Petitioner,
HATTON, WARDEN, Respondent.
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE.
formerly a state prisoner proceeding pro se and in forma
pauperis, filed an application for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 while incarcerated. The
matter was referred to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Both parties have consented to the undersigned’s
jurisdiction in this matter. (See ECF Nos. 6, 10);
see also 28 U.S.C. § 636(c)(1).
25, 2013, petitioner was convicted of several charges
including but not limited to driving under the influence of
alcohol (Cal. Veh. Code § 23152, subd. (a)), driving
with a blood-alcohol content of .08 percent or higher (Cal.
Veh. Code § 23152, subd. (b)), and driving on a
DUI-related suspended license (Cal. Veh. Code § 14601.2
subd. (a)). [Clerk’s Transcript, Vol. 2 (“CT
2”), at 361-63, 365-67; Lodged Document
(“LD”) 10 at 1]. As a result, petitioner was
sentenced to serve a term of eight years and eight months in
state prison. [LD 10 at 1].
August 2014, petitioner appealed his conviction by filing an
opening brief in the California Court of Appeal. [LD 4].
Thereafter, after making minor adjustments to the trial
court’s sentence and judgment, the appellate court
affirmed the judgment in all other respects. [LD 7 at 14-15].
16, 2016, petitioner filed a petition for review in the
Supreme Court of California. [LD 8]. The high court summarily
denied the petition on June 22, 2016. [LD 9].
February 6, 2014, petitioner filed a petition for writ of
habeas corpus in the Supreme Court of California. [LD 11]. On
April 9, 2014, the court denied the petition. [LD 13].
September 6, 2016, petitioner filed the instant petition in
this court. (ECF No. 1). On August 30, 2017, respondent filed
the answer and does not contest the timeliness of the
petition. (See ECF No. 18 at 5). Petitioner did not
file a traverse. The matter is deemed ready for review.
unpublished opinion affirming petitioner’s conviction
on appeal, the California Court of Appeal for the Third
District provided the following relevant factual and
July 2012 DUI Arrest
On July 14, 2012, Sacramento County Sheriff’s Deputy
John Wilson was interviewing a witness who had reported a
shooting incident. While speaking with the witness, Deputy
Wilson observed a black Mercedes sedan drive by and fail to
stop at a nearby stop sign. The witness said the vehicle
might have been involved in the shooting. Deputy Wilson got
in his patrol car, turned on his overhead lights and siren,
and began pursuing the Mercedes. After committing several
more vehicle code infractions, the driver of the Mercedes
eventually parked at an apartment complex.
Defendant was driving the car. He smelled of alcohol and had
an unsteady gait. He admitted he had been drinking. Deputy
Wilson arrested defendant and transported him to the county
jail. Although he refused to participate in field sobriety
tests at the jail, defendant nevertheless consented to a
blood test. Defendant’s blood sample contained a .11
percent blood-alcohol concentration.
. . . .
August DUI Arrest
After leaving [Alvin] Green’s house in the early morning
hours of August 13, defendant drove to his apartment in the
same black Mercedes that he had been driving when Deputy
Wilson arrested him for DUI a month earlier. Defendant
happened to pass Deputy Wilson on the way home. Deputy Wilson
recognized defendant’s car and knew ...