Opinion
S281623
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 appointment of counsel. In this respect, petitioner alleges that he “was subject to racial discrimination and retaliation” by various judges, a prosecutor, and counsel; that there was a “fabricated bail hearing,” fabricated evidence, and a violation of his right to a timely preliminary hearing; that he was wrongly denied discovery and transcripts were improperly withheld from him; and that counsel provided him with ineffective assistance. Petitioner also alleges that his arrest and detention were racially motivated, and raises a Racial Justice Act “claim to challenge racial disparities in Los Angeles County arrest and detention and the downstream racially disparities in charging decision resulting in his illegal detention.”
The petition does not satisfy the statutory requirements for the appointment of counsel under the Racial Justice Act. (Pen. Code § 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 request for counsel is denied. The petition for writ of habeas corpus is denied.