Cabrera v. Clark

Background

Oscar Amezcua Cabrera, a state prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 asking the federal court to review his state-court custody. The opinion states that Cabrera was convicted in Santa Cruz County, making venue proper in the Northern District of California, and that he paid the filing fee.

A jury found Cabrera guilty of murder for the benefit of a criminal street gang. The trial court found that he had prior convictions and sentenced him to life in prison without the possibility of parole. The California Court of Appeal affirmed the conviction, and the California Supreme Court denied review.

Claims and ruling

Cabrera asserted two grounds for relief: (1) the trial court erred by admitting a dying declaration from the victim into evidence; and (2) his rights were violated by outrageous governmental conduct during the investigation, or, alternatively, the trial court erred by failing to exclude related evidence.

The court applied the pleading standard for a federal petition challenging state custody, which requires the petitioner to identify the grounds for relief and the facts supporting each ground. The court concluded that, when read liberally, Cabrera’s claims were sufficient to require a response. The court did not decide the merits of the claims or grant or deny the petition.

Order

Judge James Donato ordered the clerk to serve the order on the California Attorney General and Cabrera. The respondent must, within 60 days, file an answer explaining why the petition should not be granted and provide relevant portions of the transcribed state trial record. The respondent may instead file a motion to dismiss on procedural grounds. If an answer is filed, Cabrera may respond within 28 days after receiving it. The order also requires Cabrera to serve his court filings on respondent’s counsel, keep the court informed of address changes, and comply with court orders; failure to do so may result in dismissal for failure to prosecute.