Opinion
S281999
03-27-2024
ELLINGTON, SR., (MARCUS RUBEN) 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) because a prospective juror used racially discriminatory language during voir dire, and requests the disclosure of discovery and the appointment of counsel. The petition does not satisfy the statutory requirements for the disclosure of discovery or for the appointment of counsel 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]; 1473, subds. (e) [providing for the appointment of counsel for an indigent petitioner who alleges facts constituting a violation of the Racial Justice Act].) Petitioner does not describe the specific language used by the prospective juror and does not attach any trial court transcripts to his petition, which precludes consideration of his claim. (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 requests for discovery and counsel are denied. The petition for writ of habeas corpus is denied.