Opinion
S281516
05-29-2024
WASHINGTON (RODERICK) 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 and the appointment of counsel. In this respect, petitioner alleges that he “was subject to racial discrimination, deliberate and purposeful retaliation and perjury” by several participants at his trial; that fabricated evidence was introduced against him; that discovery was improperly withheld from him; that the trial court improperly ordered victim restitution; and that he was charged more harshly than other similarly-situated defendants due to his race, ethnicity, or national origin.
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, subd. (e) [providing for the appointment of counsel for an indigent petitioner who alleges facts constituting a violation of the Racial Justice Act].)
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 requests for discovery and counsel are denied. The petition for writ of habeas corpus is denied.