Free Response to Order to Show Cause - District Court of California - California

Case 3:07-cv-02936-SI

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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 GERALD A. ENGLER Senior Assistant Attorney General 4 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 ROSS C. MOODY, State Bar No. 142541 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-1376 7 Fax: (415) 703-1234 Email: [email protected] 8 9 Attorneys for Respondent 10 11 12 13 ALTON KING, 14 Petitioner, 15 v. 16 DERRAL ADAMS, Warden, 17 Respondent. 18 19 20 Respondent Laurie Smith, Sheriff, provides the following answer to the order to show ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS C 07-2936 SI (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

21 cause why the petition should not be granted. 22 23 24 I. CUSTODY Petitioner, Alton King ("petitioner"), is lawfully in the "custody" of Derral Adams,

25 Warden,1/ within the meaning of the federal habeas corpus statute, 28 U.S.C. §§ 2241(c)(3) and 26 27 1. Petitioner erroneously named Laurie Smith, the Sheriff of Santa Clara County, as the respondent. Petitioner is presently incarcerated at the California Substance Abuse Treatment 28 Facility at California State Prison at Corcoran. He is required to name "the person who has custody
Answer To Petition For Writ Of Habeas Corpus King v. Adams C 07-2936 SI (PR)

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Case 3:07-cv-02936-SI

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1 2254(d), pursuant to a valid judgment of the Santa Clara County Superior Court entered in The 2 People of the State of California v. Alton King, case number BB151848. Petitioner was convicted 3 of nine counts of child molestation and was sentenced to a total term of 14 years and 8 months in 4 state prison. The California Court of Appeal affirmed his conviction and sentence. Exhibit 6. His 5 petition for review was denied by the California Supreme Court, as was his petition for writ of 6 habeas corpus. Exhibits 8, 10. 7 8 9 II. PROCEDURAL ISSUES Petitioner has exhausted his available state remedies as to the two claims presented in the

10 order to show cause. These claims were raised in the petition for review and habeas petition filed 11 in the California Supreme Court. 12 13 14 15 The petition is timely within the meaning of 28 U.S.C. § 2244(d). III. DENIAL OF CLAIMS Respondent denies that petitioner suffered any deprivation of constitutional rights

16 supporting habeas corpus relief. Specifically, respondent denies that (1) there was insufficient 17 evidence to support the convictions for Counts 1, 6, 12 and 15; and (2) his 8-year upper term 18 sentence on Count 1 plus his consecutive sentences on counts 3, 4, 5, 6, 10, 19 and 20 violated his 19 Sixth Amendment right to a jury trial. 20 21 22 TRANSCRIPTS AND RECORDS Copies of petitioner's briefs on appeal, petition for writ of habeas corpus and petition for

23 review before the California Supreme Court are hereby lodged with this Court, together with copies 24 of the Clerk's Transcript, and Reporter's Transcripts which contain copies of all relevant documents 25 and hearing transcripts. So far as respondent is aware, all relevant reported proceedings of 26 27 over him," 28 U.S.C. § 2242, which should be the person with "immediate custody" over the detainee. Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). We hereby request that the court substitute 28 Derral Adams, Warden, as respondent in this case. 28 U.S.C. § 2242.
Answer To Petition For Writ Of Habeas Corpus King v. Adams C 07-2936 SI (PR)

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Case 3:07-cv-02936-SI

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1 petitioner's state trial have been transcribed. Rule 5, Rules Governing Section 2254 Cases. 2 3 4 V. INCORPORATION BY REFERENCE Respondent hereby incorporates by reference the accompanying memorandum of points

5 and authorities in support of this answer. 6 7 CONCLUSION WHEREFORE, respondent respectfully requests that the petition for writ of habeas corpus

8 be denied. 9 10 11 12 13 14 15 16 17 18 19 20 21
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Dated: October 3, 2007 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General PEGGY S. RUFFRA Supervising Deputy Attorney General

/s/ Ross C. Moody ROSS C. MOODY Deputy Attorney General Attorneys for Respondent

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SF2007401982

Answer To Petition For Writ Of Habeas Corpus

King v. Adams C 07-2936 SI (PR)

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DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Alton King v. Derral Adams, Warden

C 07-2936 SI (PR)

I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On October 3, 2007, I served the attached ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS; NOTICE OF LODGING OF, AND INDEX TO, EXHIBITS by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Alton King T-83180 Substance Abuse Treatment Facility - SATF P. O. Box 7100 Corcoran, CA 93212

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on October 3, 2007, at San Francisco, California. Nelly Guerrero Declarant
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/s/ Nelly Guerrero Signature