Brian A. Buckley v. C.A. Terhune, Director of the California Department of Corrections

441 F.3d 688, 2006 U.S. App. LEXIS 6612, 2006 WL 679823
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 17, 2006
Docket03-55045
StatusPublished
Cited by99 cases

This text of 441 F.3d 688 (Brian A. Buckley v. C.A. Terhune, Director of the California Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brian A. Buckley v. C.A. Terhune, Director of the California Department of Corrections, 441 F.3d 688, 2006 U.S. App. LEXIS 6612, 2006 WL 679823 (9th Cir. 2006).

Opinions

REINHARDT, Circuit Judge.

The law regarding plea agreements entered into in state court is well-established. They must be construed in accordance with state law. In California, plea agreements are construed in the same manner as all other contracts. In this case, however, the California courts failed to do so and, as a result, Brian Buckley might have remained in prison for life instead of for the fifteen years for which he bargained. We are required to ensure that his constitutional rights are not so violated, and that the bargain he entered into with the state is honored.

[691]*691The state appeals the district court’s order granting Buckley’s petition for a writ of habeas corpus and directing that he be released from prison because he had already served the full fifteen years. The district court ruled that the state court’s finding that Buckley “well knew” that his sentence for second degree murder was fifteen years to life was both contrary to clearly established federal law in violation of 28 U.S.C. § 2254(d)(1) and an unreasonable determination of the facts in violation of § 2254(d)(2). In accordance with the district court’s order, Buckley has now been released. We affirm the judgment of the district court because, under § 2254(d)(1), the state court’s failure to interpret Buckley’s plea agreement according to California contract law resulted in a decision that was contrary to clearly established Supreme Court law as set forth in Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), and Ricketts v. Adamson, 483 U.S. 1, 107 S.Ct. 2680, 97 L.Ed.2d 1 (1987).

FACTUAL AND PROCEDURAL BACKGROUND

On November 12, 1987, Buckley was charged with burglary, robbery and first degree murder in Ventura County Superi- or Court. The charges arose from allegations that Buckley and two others, Curtis Fauber and Christopher Caldwell, robbed and killed Thomas Urell in his home in July 1986.

On December 15, 1987, Donald Glynn, the deputy district attorney assigned to Buckley’s case, sent Buckley’s attorney a letter offering a plea bargain. The letter stated that, in exchange for Buckley’s sworn testimony describing Fauber and Caldwell’s participation in the Urell murder and in two additional unrelated murders, Glynn would dismiss the robbery and burglary charges against Buckley and move the court to declare the murder charge against him to be murder in the second degree. The letter was silent as to the sentence Buckley would receive. Glynn attached to the letter a typewritten felony disposition statement. That document contained the following relevant language:

CONSEQUENCES OF PLEA (Defendant to initial)
My attorney has explained to me the direct and indirect consequences of this plea including the maximum possible sentence. I understand that the following consequences could result from my plea:
I could be sentenced to the state prison for a maximum possible term of 15 year(s).
After I have served my prison term, I may be subject to a maximum parole period of LIFE {In re Carabes, 144 Cal. App.3d 927,193 Cal.Rptr. 65).1

(Emphasis added). On December 17, 1987, Buckley initialed the paragraphs describing his agreed-upon sentence and signed the statement.

The district court found that at the time Buckley initialed and signed the felony disposition statement, a separate section of that document entitled “The District Attorney’s Position on Sentence” was blank. At some point after December 17, 1987, but before the change of plea hearing on January 4, 1988, Glynn added a handwritten paragraph to that section: “At the time of sentencing the people will move the court to declare the murder to be murder in the second degree, with a maxi[692]*692mum term of 15 years to life.” (Emphasis added). Buckley did not initial the paragraph, and there is no evidence that he saw it before sentencing.

At the change of plea hearing, Glynn and Buckley engaged in the following colloquy:

Q: And has your attorney explained all of the consequences of your plea to this charge?
A: Yes.
Q: Do you understand that for second degree murder you could be sentenced to state prison for a maximum possible term of fifteen years?
A: Yes.
Q: And do you understand that after serving a prison term you’ll be subject to a parole period — I’m sorry, your Hon- or, does the Court know the parole period for second degree murder?' I didn’t enter that in the document.
The Court: Yes, it’s — the possibility is parole for life.
Q: All right. I’ve entered this into the document. You could be subject to a parole period of life. And you could also be ordered to pay a fine of not less than a hundred dollars nor more than $10,000. Do you understand that?
A: Yes.
* * *
Q: Now as I stated before and it’s also contained in this Felony Disposition form, that at the time of sentencing the people will ask the Court to declare the murder to be murder in the second degree with a maximum term of fifteen years to life. And the People’s reason for entering into that agreement are [sic] contained in this document that’s attached to the Felony Disposition Statement.
I’d like to go into the terms of this agreement with you. In order — or as your part of the agreement you will agree to cooperate in the trials against Curtis Fauber and Christopher Cogwell [sic], and that you will testify in the Fauber case at all proceedings regarding the murder of Thomas Urell, David Church and Jack Dowdy, and testify truthfully regarding whatever you know about those murders. Do you understand that to be the situation?
A: Yes.
Q: I’m showing you the Felony Disposition form, this yellow form here, that has some initials B.B. against a number of the paragraphs..Also has the initials D.C.G. which are my initials against some of the paragraphs. And at the end of the form I see the date December 17, 1987 and your signature. Did you sign this document on that date?
A: Yes.
Q: And did you sign this document because you read each of the paragraphs that you have initialed and you understand what’s contained in these paragraphs?
A: Yes.

(Emphasis added). The December 15 letter and the felony disposition statement were entered into evidence as constituting the plea agreement, and the court accepted and entered Buckley’s guilty plea.

On January 7, 1988, Buckley testified on behalf of the prosecution at the guilt phase of Fauber’s trial. On cross-examination, Buckley stated that he had been given a sentence of “fifteen years to life” in exchange for his testimony.

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Bluebook (online)
441 F.3d 688, 2006 U.S. App. LEXIS 6612, 2006 WL 679823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-a-buckley-v-ca-terhune-director-of-the-california-department-of-ca9-2006.