Blandon-Villagra v. Alameda County Superior Court

Background

Jarol J. Blandon-Villagra sought federal habeas relief from state robbery convictions. According to the petition, he pleaded guilty in Alameda County Superior Court in 2018 and received an eight-year sentence. The opinion states that it did not appear he filed a direct appeal or any state petitions for collateral relief.

Initial review of the petition

The court reviewed the petition under 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The court stated that summary dismissal is appropriate only when the allegations are vague or conclusory, plainly incredible, or clearly frivolous or false.

Blandon-Villagra asserted two grounds for relief: violation of his speedy-trial rights and ineffective assistance of defense counsel. The court held that only the ineffective-assistance claim was cognizable, meaning legally eligible to proceed in this federal habeas action. It held that the speedy-trial claim could not proceed because Blandon-Villagra pleaded guilty. The court explained that, after a guilty plea, federal habeas challenges generally remain available only as to whether the plea was voluntary and intelligent and whether counsel’s advice was adequate. The opinion noted exceptions to that general rule but did not apply one to the speedy-trial claim.

Filing-deadline issue

The court observed that the convictions occurred in 2018 and that the federal petition was filed in 2022, beyond the one-year filing limit under the Antiterrorism and Effective Death Penalty Act. The court did not decide whether the action was untimely. Instead, it stated that the respondent could file a motion to dismiss on that ground, although the respondent was not required to do so.

Order

The court ordered Gregory J. Ahern, identified as the current custodian of Blandon-Villagra, to file an answer showing why the writ should not be granted or, instead, a motion to dismiss on procedural grounds by March 3, 2023. If an answer were filed, Blandon-Villagra could respond within 30 days; the order set separate response deadlines if a motion to dismiss were filed. The court also directed production of relevant portions of the transcribed state trial record with any answer.

The clerk was ordered to make Ahern the sole respondent and terminate Alameda County Superior Court as a respondent. The order did not grant or deny habeas relief on the ineffective-assistance claim.