Brian A. Buckley v. C.A. Terhune, Director of the CDC

397 F.3d 1149, 2005 U.S. App. LEXIS 1226, 2005 WL 147437
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 25, 2005
Docket03-55045
StatusPublished
Cited by4 cases

This text of 397 F.3d 1149 (Brian A. Buckley v. C.A. Terhune, Director of the CDC) 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 CDC, 397 F.3d 1149, 2005 U.S. App. LEXIS 1226, 2005 WL 147437 (9th Cir. 2005).

Opinions

TROTT, Circuit Judge:

C.A. Terhune, Director of the California Department of Corrections, (“State”) appeals the district court’s grant of Brian Buckley’s petition for a writ of habeas corpus. The State’s appeal is timely, and we have jurisdiction under 28 U.S.C. § 2253. The district court did not afford [1151]*1151the state court’s determination of facts the appropriate level of deference. Accordingly, we reverse the judgment of the district court because it resulted from a misapplication of the strict standard of review mandated by the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 (“AEDPA”).1

I

On November 27, 1987, Buckley was charged in Ventura County, California with felony murder, robbery, and burglary. See CAL. PENAL CODE §§ 187(a), 190.2(a), 211, 459. On December 15, 1987, the prosecutor, Donald C. Glynn, wrote Buckley a letter offering a plea bargain. The proposal contemplated that Buckley would testify against suspects Curtis Fau-ber and Christopher Caldwell as to three murders, but the agreement did not specify the sentence to be imposed should Buckley accept the offer. Attached to Glynn’s letter was a document entitled “Felony Disposition Statement.”

According to the Felony Disposition Statement, Buckley was to plead guilty to a violation of California Penal Code section 187 (murder) on Count 1, and the prosecutor was to recommend that the court declare the murder to be murder in the second degree and that the remaining counts be dismissed in the interests of justice. The agreement contained also the following relevant paragraphs, which Buckley initialed:

F. CONSEQUENCES OF PLEA (Defendant to initial)
/BB/ 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:
/BB/ I could be sentenced to the state prison for a maximum possible term of 15 year(s).
* * *
/BB/ After I have served my prison term, I may be subject to a maximum parole period of LIFE2 (In re Cambes, 144 Cal.App.3d 927, 193 Cal.Rptr. 65).

At some point in time before Buckley entered his plea of guilty, the prosecutor added — and the prosecutor alone initialed — a handwritten paragraph to the Felony Disposition Statement that stated:

/BB/ At the time of sentencing the people will move the court to declare the murder to be murder in the second degree, with a maximum term of 15 years to life.

Neither Buckley nor his defense attorney, Willard Wiksell, initialed this paragraph. On December 17, 1987, Buckley signed the prosecutor’s December 15, 1987 letter and initialed and signed the Felony Disposition Statement. At the change of plea hearing on January 4, 1988, the prosecutor engaged Buckley in the following colloquy:

Q: And has your attorney explained all of the consequences of your plea to this charge?
A: Yes.
[1152]*1152Q: Do you understand that for second degree murder you could be sentenced to state prison for a maximum possible term of 15 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 Honor, 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: (By Mr. Glynn:) All right. I’ve entered this into the document.3 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 15 years to life. And the People’s reason for entering into that plea agreement are contained in this document that’s attached to the Felony Disposition Statement [the December 15,1987 letter].
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 .... 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 prosecutor then asked Buckley if he agreed to testify as a witness for the State against two other defendants, and Buckley responded, “Yes.”

The prosecutor’s letter and the Felony Disposition Statement were entered into evidence as the written plea bargain agreement. The judge then accepted Buckley’s guilty plea to Count 1 on the charge of murder. Sentencing was suspended until after Buckley testified at the trials of Fauber and Caldwell.

At some point on January 4, 1988, defense attorney Wiksell signed the December 15, 1987 letter, and both he and prosecutor Glynn signed the Felony Disposition Statement, which Buckley had already initialed and signed three weeks earlier.

At the sentencing hearing, Judge McGrath began by saying, “It would be my intention to follow the recommendation. That’s just an indication to counsel and is subject to change if counsel changes my mind during the argument or evidence.” [1153]*1153The trial court ordered the probation report filed. The prosecutor moved the court to declare Count 1 to be murder in the second degree and to dismiss Counts 2 and 3. The court granted both motions. The prosecutor then stated for the record that Buckley had complied with all the terms of the plea agreement: “He has been a cooperative witness in all of the phases of the Fauber trial and he has testified at the preliminary hearing in the case against Christopher Caldwell.” After a discussion about Buckley’s concerns for his safety, the possible options for where to house him, and the nature of the crime, the court sentenced Buckley:

The Court does impose the term prescribed by law as 15 years to life.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michael Cuero v. Matthew Cate
827 F.3d 879 (Ninth Circuit, 2016)
Robert Murray v. Dora Schriro
745 F.3d 984 (Ninth Circuit, 2014)
Davis v. Felker
558 F. Supp. 2d 1008 (C.D. California, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
397 F.3d 1149, 2005 U.S. App. LEXIS 1226, 2005 WL 147437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-a-buckley-v-ca-terhune-director-of-the-cdc-ca9-2005.