Free Response to Habeas Petition - District Court of California - California

Case 3:08-cv-00705-JAH-PCL

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GARY W. SCHONS Senior Assistant Attorney General 4 ANTHONY DASILVA Deputy Attorney General 5 DANIEL ROGERS, State Bar No. 204499 Deputy Attorney General 110 West A Street, Suite 1100 6 San Diego, CA 92101 P.O. Box 85266 7 San Diego, CA 92186-5266 Telephone: (619) 645-2283 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondent 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DARREL ADAMS, Warden, Respondent. ARMANDO MORALES, 08cv0705 JAH (PCL) Petitioner, RESPONDENT'S ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Case 3:08-cv-00705-JAH-PCL

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GARY W. SCHONS Senior Assistant Attorney General 4 ANTHONY DASILVA Deputy Attorney General 5 DANIEL ROGERS, State Bar No. 204499 Deputy Attorney General 110 West A Street, Suite 1100 6 San Diego, CA 92101 P.O. Box 85266 7 San Diego, CA 92186-5266 Telephone: (619) 645-2283 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondent 11 12 13 14 15 16 17 18 19 20 Respondent, Derral Adams, Warden of Corcoran State Prison, by and through his counsel, v. DARREL ADAMS, Warden, Respondent. ARMANDO MORALES, Petitioner, 08cv0705 JAH (PCL) RESPONDENT'S ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

21 Edmund G. Brown Jr., Attorney General of the State of California, and Daniel Rogers, Deputy 22 Attorney General, files this Answer to the Petition for Writ of Habeas Corpus pursuant to the order 23 of this Court dated May 14, 2008. Respondent alleges as follows: 24 25 I. Petitioner Armando Morales is in the lawful custody of Respondent after a jury found him

26 guilty in Imperial County Superior Court case number CF12094 of assault by a prisoner by means 27 of force likely to produce great bodily injury (Cal. Penal Code § 4501) and assault on a peace officer 28 by means likely to produce great bodily injury (Cal. Penal Code § 245(c)). The jury also found true
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1 allegations that Morales personally inflicted great bodily injury (Cal. Penal Code § 12022.7(a)). The 2 trial court found true allegations that Morales had three prior convictions under the Three Strikes 3 law (Cal. Penal Code §§ 667(b)-(i), 1170.12(a)-(d)). Morales was sentenced to 28 years to life in 4 state prison. 5 6 II. The instant Petition appears not to have been filed within the applicable limitations period.

7 28 U.S.C. § 2244(d). 8 9 III. Petitioner has exhausted his state remedies by presenting his claims to the California

10 Supreme Court in a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1)(A). 11 12 IV. The highly deferential standard of federal habeas corpus review established by the

13 Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254, applies to Morales's 14 claims. 15 16 V. The state courts made numerous express and implied factual findings. Morales has shown

17 no grounds why the presumption of correctness mandated by 28 U.S.C. § 2254(e)(1) should not 18 apply to these factual findings. 19 20 21 22 VI. Morales is not entitled to an evidentiary hearing. 28 U.S.C. § 2254(e)(2). VII. The relevant facts and procedural history are set forth in the accompanying Memorandum

23 of Points and Authorities. Except as expressly admitted, Respondent denies each and every 24 allegation of the Petition and specifically denies that Morales's confinement is illegal, or that any 25 of his rights has been or is being violated in any way. 26 WHEREFORE, for the reasons set forth more fully in the accompanying Memorandum

27 of Points and Authorities, the Petition should be dismissed with prejudice as untimely and, in the 28 alternative, denied with prejudice, the proceedings dismissed, and any request for a certificate of
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1 appealability denied. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Dated: September 5, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GARY W. SCHONS Senior Assistant Attorney General ANTHONY DASILVA Deputy Attorney General

s/ Daniel Rogers DANIEL ROGERS Deputy Attorney General Attorneys for Respondent
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