Parties and Attorneys
In re CRAIG K. GARRETT on Habeas Corpus
Case Number D076217
| Party | Attorney |
|---|---|
| Craig K. Garrett : Petitioner California State Prison, Los Angeles County P.O. Box 4490 Lancaster, CA 93539 | Pro Per |
| The People : Respondent | Office of the Attorney General P. O. Box 85266 San Diego, CA 92186-5266 |
Case Summary
Trial Court Case:
HC11631
Court of Appeal Case:
D076217
Supreme Court Case:
S257779
Division:
Case Caption:
In re CRAIG K. GARRETT on Habeas Corpus
Case Type:
CR
Filing Date:
07/29/2019
Completion Date:
08/22/2019
Oral Argument Date/Time:
Docket (Register of Actions)
In re CRAIG K. GARRETT on Habeas Corpus
Case Number D076217
| Date | Description | Notes |
|---|---|---|
| 07/29/2019 | Petition for a writ of habeas corpus filed. | Copy of petition sent to Attorney General |
| 07/29/2019 | Letter sent to: | Petition received letter sent to petitioner |
| 08/22/2019 | Order denying petition filed. | The petition for writ of habeas corpus has been read and considered by Justices O'Rourke, Dato, and Guerrero. In 2018, petitioner Craig Garrett was incarcerated at the Richard J. Donovan Correction Facility. Garrett alleges he was stabbed by another inmate, leading to his placement in an administrative segregation unit. Approximately one week later, he was released from the administrative segregation unit. When he was ordered to report to new housing, he refused, citing concerns about his safety. Garrett was issued a rules violation report for violation of section 3005, subdivision (c) of title 15 of the California Code of Regulations for refusing to accept his assigned housing and delaying a correctional officer. At the resulting disciplinary hearing, the senior hearing officer found Garrett guilty and assessed a forfeiture of credits and other penalties. Garrett's administrative appeals were denied through the third level of review, and the superior court denied the petition for writ of habeas corpus Garrett filed in that court to challenge the disciplinary decision. In his petition filed in this court, Garrett contends the trial court's denial order was biased and that he is entitled to an evidentiary hearing. As a preliminary matter, we do not address his challenges to the superior court's order denying relief, because that order is neither appealable nor otherwise reviewable by this court, and instead review de novo the petition that he filed in this court. (In re Clark (1993) 5 Cal.4th 750, 767, fn. 7; Jackson v. Superior Court (2010) 189 Cal.App.4th 1051, 1064.) Garrett also does not establish a prima facie case for relief. Due process requires a prison disciplinary decision be supported by "some evidence." (Superintendent v. Hill (1985) 472 U.S. 445, 455; accord, In re Zepeda (2006) 141 Cal.App.4th 1493, 1498.) " 'Ascertaining whether this standard is satisfied does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence. Instead, the relevant question is whether there is any evidence in the record that could support the conclusion reached by the disciplinary board.' " (Zepeda, at p. 1498.) In his petition, Garrett does not dispute that the records attached to his petition adequately demonstrate that he refused his housing assignment. Indeed, he admits "that he did refuse to be housed on facility 'C' due to safety issues against [Richard J. Donovan Correctional Facility] prison guards." Instead, he argues the records are fabricated and contain an inaccurate portrayal of his behavior. He generally asserts that the entire incident "is clear proof of Richard J. Donovan's corruption." He offers no evidence to support this claim beyond his own speculative, self-serving assertion. Such conclusory allegations do not warrant relief. (See, e.g., People v. Duvall (1995) 9 Cal.4th 464, 474.) The petition is denied. |
| 08/22/2019 | Case complete. | |
| 10/30/2019 | Petition for review denied in Supreme Court. | Filed on 10/9/19 |
| 12/07/2021 | Record sent to storage. |
Briefs
In re CRAIG K. GARRETT on Habeas Corpus
Case Number D076217
No information found.
Future Scheduled Actions
In re CRAIG K. GARRETT on Habeas Corpus
Case Number D076217
No information found.
Disposition
In re CRAIG K. GARRETT on Habeas Corpus
Case Number D076217
Description:
Petition summarily denied by order
Date:
08/22/2019
Disposition Type:
Final
Publication Status:
Author:
Participants:
Case Citation:
none
Trial Court
In re CRAIG K. GARRETT on Habeas Corpus
Case Number D076217
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
HC11631
Trial Court Judge:
Trial Court Judgment Date: