Opinion
S283360
05-29-2024
WASHINGTON (RODERICK NATHANIEL) ON H.C.
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745) and requests the disclosure of discovery. In this respect, petitioner alleges that he “was subjected to racial bias by judge, attorney in the case, and jurors exhibited bias towards petitioner during trial” that his conviction was obtained based on false testimony; that he was denied services when he elected to represent himself; and that “[t]he judge, attorney in the case, jurors, law enforcement officers subjected petitioner [to] bias, deliberate false charges, and committed perjury under oath. The petitioner alleges that judge, attorney in the case, law enforcement officer used false testimony to convict petitioner in front of an all white and Mexican jury panel who was biased toward petitioner.”
The petition does not satisfy the statutory requirements for the disclosure of discovery under the Racial Justice Act. (Pen. Code, §§ 745, subd. (d) [providing for disclosure of evidence relevant to violations of the Racial Justice Act; motion requesting such disclosure shall describe the types of records or information sought].)
The petition also fails to make a prima facie showing of entitlement to relief under the Racial Justice Act. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized facts that adequately describe the alleged actions and how they reflected racial bias or animus, or to support the claim that defendant was charged, convicted, or sentenced in a more severe manner than similarly situated individuals of other races, ethnicities, or national origins. Nor does petitioner describe or attach supporting documentary evidence concerning racial bias or animus or the use of racially discriminatory language. (Pen. Code, § 745, subd. (a)(1)-(4); cf. In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with particularity]; cf. also People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably available documentary evidence].)
The request for discovery is denied. The petition for writ of habeas corpus is denied.