Kernan v. Hinojosa
Kernan v. Hinojosa
Opinion
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking federal habeas relief first to "exhaus[t] the remedies available in the courts of the State."
Respondent Antonio Hinojosa was serving a 16-year sentence for armed robbery and related crimes when, in 2009, California prison officials "validated" him as a prison-gang associate and placed him in a secured housing unit. At the time of Hinojosa's *1605 offense and conviction, California law had permitted prisoners placed in a secured housing unit solely by virtue of their prison-gang affiliations to continue to accrue good-time credits. See Cal.Penal Code Ann. § 2933.6 (West 2000). In 2010, the California Legislature amended the law so that prison-gang associates placed in a secured housing unit could no longer earn future good-time credits, although they would retain any credits already earned. § 2933.6(a) (West Supp. 2016).
Hinojosa filed a state habeas petition, arguing (as relevant here) that applying the new law to him violated the Federal Constitution's prohibition of
ex post facto
laws. See Art. I, § 10, cl. 1;
Weaver v. Graham,
" 'Although any superior court has jurisdiction to entertain and adjudicate a petition for writ of habeas corpus, it does not follow that it should do so in all instances.' Challenges to conditions of an inmate's confinement should be entertained by the superior court of county wherein the inmate is confined. ( Griggs v. Superior Court (1976)16 Cal.3d 341 , 347 [128 Cal.Rptr. 223 ,546 P.2d 727 ].)
"The petition for writ of habeas corpus is DENIED."Id., at 44a-45a. 1
Rather than file a new petition in the correct venue (Kings County Superior Court), Hinojosa turned to the appellate court, which summarily denied his petition. Instead of appealing that denial, see Cal.Penal Code Ann. § 1506 (West Supp. 2016), Hinojosa sought an original writ of habeas corpus in the Supreme Court of California, see Cal. Const., Art. 6, § 10, which summarily denied relief without explanation.
A petition for federal habeas relief followed. Adopting the Magistrate Judge's findings and recommendation, the District Court denied Hinojosa's
ex post facto
claim under AEDPA's deferential review. A Ninth Circuit panel reversed.
Hinojosa v. Davey,
We reverse. In
Ylst,
we said that where "the last reasoned opinion on the claim explicitly imposes a procedural default, we will presume that a later decision rejecting the claim did not silently disregard that bar and consider the merits."
It is amply refuted here. Improper venue could not possibly have been a ground for the high court's summary denial of Hinojosa's claim. There is only one Supreme Court of California-and thus only one venue in which Hinojosa could have sought an original writ of habeas corpus in that court. Under these circumstances, it cannot be that the State Supreme Court's denial "rest[ed] upon the same ground" as the Superior Court's.
Hinojosa resists this conclusion, remarking that "a reviewing court has discretion to deny
without prejudice
a habeas corpus petition that was not filed first in a proper lower court."
In re Steele,
Containing no statement to the contrary, the Supreme Court of California's summary denial of Hinojosa's petition was therefore on the merits.
Harrington v. Richter,
The petition for a writ of certiorari and Hinojosa's motion for leave to proceed in forma pauperis are granted, and the judgment of the Court of Appeals for the Ninth Circuit is reversed.
It is so ordered.
Justice SOTOMAYOR, with whom Justice GINSBURG joins, dissenting.
When faced with a state-court order that denies a habeas petition without explanation, this Court has long presumed that the order agrees with the "last reasoned state-court opinion" in the case unless there is "
strong
evidence" to the contrary.
Ylst v. Nunnemaker,
The Court, however, believes there is
strong
evidence to the contrary-for two inexplicable reasons. The first reason-the California Supreme Court could not have denied the petition for "improper venue" because there is only one California Supreme Court,
ante,
at 1605 - 1606-is a straw man, and a poorly constructed one at that. Obviously the California Supreme Court did not deny Hinojosa's petition because he filed it in the wrong State Supreme Court. But it easily could have denied his petition because it agreed with the Superior Court's conclusion that he filed the first petition in the wrong county. See
In re Steele,
The majority's second reason is even flimsier. The majority suggests that the California Supreme Court's order did not include the words "without prejudice" and therefore could not have agreed with the Superior Court's denial-which the majority assumes was without prejudice. Ante, at 1606. But as the majority quotes, the Superior Court simply " 'DENIED' " the petition; neither it nor the California Supreme Court "DENIED" it "without prejudice." Ante, at 1605, 1606. It is mindboggling how one opinion necessarily disagrees with another opinion merely because it omits language that the other opinion also lacks.
I would hold, as the Ninth Circuit did, that the California Supreme Court presumably agreed with the reasoning of the Superior Court. See
Ylst,
In
Griggs v. Superior Ct. of San Bernardino Cty.,
Alternatively, if the Superior Court in fact followed Griggs ' instructions and silently concluded that the claim did not state a prima facie case for relief, see n. 1, supra, the decision of the Supreme Court of California would still be a decision on the merits, and the AEDPA standard of review would still apply.
Contrary to the majority's characterization, Hinojosa did not file his petition "[i]nstead of appealing" the lower court's denial,
ante,
at 1605-his petition was itself his appeal. See
Carey,
Reference
- Full Case Name
- Scott KERNAN, Secretary, California Department of Corrections and Rehabilitation v. Antonio A. HINOJOSA.
- Cited By
- 87 cases
- Status
- Published