United States District Court, C.D. California
CRAIG K. GARRETT, Petitioner,
R.C. JOHNSON, Warden, Respondent.
ORDER TO SHOW CAUSE WHY HABEAS PETITION SHOULD NOT BE
DISMISSED AS SUCCESSIVE
E. SCOTT, UNITED STATES MAGISTRATE JUDGE
January 2020, Petitioner Craig K. Garrett
(“Petitioner”) filed a Petition for Writ of
Habeas Corpus by a Person in State Custody pursuant to 28
U.S.C. § 2254. (Dkt. 1 [“Petition”].) The
Petition purports to challenge Petitioner's 1991
conviction for second degree attempted robbery. (Id.
at 2.) In the supporting facts, however, Petitioner discusses
his arrest on March 10, 2011, for burglary, and the
subsequent trial testimony of Detective Linares.
(Id. at 5, 9.) These facts relate to his October
2011 burglary conviction. See People v. Garrett, No.
YA080544 (Cal. Super. Oct. 25, 2011).
underlying, italicized facts are taken from the unpublished
California Court of Appeal decision on Petitioner's
direct appeal. People v. Garrett, No. B239107, 2012
WL 6686092, 2012 Cal.App. Unpub. LEXIS 9390 (Dec. 26, 2012).
Unless rebutted by clear and convincing evidence, these facts
may be presumed correct. Tilcock v. Budge, 538 F.3d
1138, 1141 (9th Cir. 2008); 28 U.S.C. § 2254(e)(1).
Park lived across the street from Joseph Robinson on West
159th Street in the City of Gardena. On March 10, 2011, at
approximately 12:30 p.m. Park looked through his bedroom
window and saw [Petitioner] walk up to Robinson's house,
open the security screen and knock on the front door.
[Petitioner] knocked on the door for a while before moving to
the big glass window in the front of the house. [Petitioner]
looked through Robinson's front window into the house and
then went back and knocked on the screen door. No. one
answered the door and [Petitioner] crouched down and sat by
the wall at the front of the house. Park's view of
[Petitioner] was then obscured by a bush at the front of the
few minutes [Petitioner] got up and looked in the window
again. He then walked to the end of the porch, looked around,
and started doing pull ups from a beam attached to the house.
He suddenly “hiked his leg” over a fence next to
the porch and entered Robinson's backyard. [Petitioner]
went towards the back door of Robinson's house and
disappeared from Park's view. Park called 9-1-1 and went
outside to his porch when he saw the police arrive. Park saw
[Petitioner] walk towards the front of the yard from the
garage area at the back. Park yelled and pointed at
[Petitioner] who ran towards the back of the pool when he saw
Park. [Petitioner] was wearing brown plaid shorts. Police set
up a perimeter around the area and attempted to locate
Police Officer Nick Beerling responded to the burglary call.
He received information that [Petitioner] was seen running in
an alley behind West 159th Street, approximately 300 yards
west of the Robinson residence. [Petitioner] ran towards
Officer Beerling, made a sharp turn and ran towards an
apartment complex. He was wearing a white tank top, gray
shirt, and brown plaid checkered shorts. Officer Beerling
broadcast his location and remained at the entrance of the
apartment complex for a few minutes until he was asked to
respond to another location.
approximately 1:00 p.m. Angelica Hernandez, who lived on West
159th Street, heard police sirens and her dog began barking.
She looked outside and saw [Petitioner] pulling clothes out
of her car parked in the driveway. Hernandez ran outside and
asked [Petitioner] what he was doing on her property.
Appellant dropped the clothes and ran through the back of the
Police Department Detective Ixtzia Linares saw [Petitioner]
on the roof of a residence on the corner of Normandie and
West 159th Street. He was wearing a white tank top with brown
plaid shorts. [Petitioner] ignored verbal commands from
police officers to come down from the roof. After further
unsuccessful attempts to convince [Petitioner] to climb down
from the roof, Gardena Police Department Detective Luis
Villanueva fired a rubber bullet which struck [Petitioner] in
the chest. [Petitioner] was arrested and taken into custody.
Redondo Beach Police Officer Corey King and his K-9 dog
assisted in searching the area. He found a gray T-shirt in
the driveway of the adjacent property which was booked into
March 11, 2011, Detective Linares and other police officers
met Robert Bailey at the Robinson residence. Bailey was
Robinson's neighbor and had been taking care of the house
for approximately a year while Robinson was in the hospital.
Detective Linares noticed a screen missing from the living
room window at the back of the house. The screen was not
missing when Bailey inspected the house on March 9, the day
before the incident. The screen was found at the bottom of
Robinson's pool and had been cut. Bailey had installed
new screens for the entire house six months earlier.