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

Case 3:08-cv-00029-H-PCL

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Filed 05/15/2008

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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 KEVIN VIENNA Supervising 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 Respondent, John Salazar, Warden of Chuckawalla Valley State Prison, by and v. JOHN SALAZAR, Warden, Respondent. MIKE BREWER, Petitioner, 08cv0029-H (PCL) RESPONDENT'S ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

22 through his counsel, Edmund G. Brown Jr., Attorney General of the State of California, and 23 Daniel Rogers, Deputy Attorney General, files this Answer to the Petition for Writ of Habeas 24 Corpus pursuant to the Order of this Court filed January 16, 2008. Respondent alleges as 25 follows: 26 27 I. Petitioner Mike Brewer is in the lawful custody of Respondent after he pled guilty in

28 San Bernardino County Superior Court case number FSB050394 to one count of failing to
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1 register as a sex offender (Cal. Penal Code § 290(g)(2)) and admitted a prior conviction under 2 the Three Strikes law (Cal. Penal Code §§ 667(b)-(i), 1170.12(a)-(d)). The trial court sentenced 3 Petitioner to a term of six years in state prison. 4 5 II. The instant Petition appears to have been filed within the applicable limitations period.

6 28 U.S.C. § 2244(d). 7 8 III. Petitioner appears to have exhausted his state remedies by presenting his claims to the

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

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

16 shown no grounds why the presumption of correctness mandated by 28 U.S.C. § 2254(e)(1) 17 should not apply to these factual findings. 18 19 VI. Petitioner is not entitled to an evidentiary hearing to resolve his pending claims.

20 28 U.S.C. § 2254(e). 21 22 VII. The relevant facts and procedural history are set forth in the accompanying

23 Memorandum of Points and Authorities. Except as expressly admitted, Respondent denies each 24 and every allegation of the Petition and specifically denies that Petitioner's confinement is 25 illegal, or that any of his rights has been or is being violated in any way. 26 27 28
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WHEREFORE, for the reasons set forth more fully in the accompanying Memorandum

2 of Points and Authorities, the instant Petition should be denied with prejudice. 3 4 5 6 7 8 9 10 11 12 13 14 15 16
80238497.wpd

Dated: May 14, 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 KEVIN VIENNA Supervising Deputy Attorney General

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

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SD2008700053

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