Ricky Earp v. Ron Davis

881 F.3d 1135
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 6, 2018
Docket15-56989
StatusPublished
Cited by34 cases

This text of 881 F.3d 1135 (Ricky Earp v. Ron Davis) 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
Ricky Earp v. Ron Davis, 881 F.3d 1135 (9th Cir. 2018).

Opinion

OPINION

TALLMAN, Circuit Judge

California state prisoner Ricky Earp appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition. In his petition, Earp claims that the California state court improperly denied his motion for a new trial based on the State’s prosecutorial misconduct. This case comes to us for the third time on appeal.

In 1992, Earp was sentenced to death after a Los Angeles County jury convicted him for the 1988 first-degree murder and rape of an 18-month-old girl. Earp filed a motion for a new trial, arguing that a newly discovered witness, Michael Taylor, would impeach Dennis Morgan’s trial testimony that Morgan had never been to the scene on the day of the crime. However, the government presented evidence that Taylor recanted this impeaching statement. Consequently, the trial court denied Earp’s motion for a new trial without conducting an evidentiary hearing. The California Supreme Court affirmed on direct appeal. People v. Earp, 20 Cal.4th 826, 85 Cal.Rptr.2d 857, 978 P.2d 15, 56 (1999). Following an unsuccessful state habeas petition, Earp then filed a federal habeas petition. Earp v. Ornoski, 431 F.3d 1158, 1169 (9th dr. 2005) (“Earp I”). The district court denied the petition and adopted the state court’s factual findings, holding that “Taylor’s declarations were ‘inherently untrustworthy and not worthy of belief.’ ” Id.

On subsequent appeal, our panel determined that because the state court had made its credibility determination -without an evidentiary hearing, the state court had made its decision based on an unreasonable determination of the facts. Id. We similarly held that the district court erred when it “reached its credibility determination without taking the opportunity to listen to Taylor, test his story, and gauge his demeanor.” Id. Determining that Earp may have presented a colorable due process claim, we then remanded the ease to the district court for a hearing to determine the credibility of the parties’ witnesses concerning the alleged prosecutorial misconduct. 1 Id. at 1172.

In 2011, while Earp’s federal habeas petition was on remand, Earp moved in state court for DNA testing of napkin and pillow swatches recovered at the crime scene. Earp hoped the testing would produce evidence that Morgan had visited the scene, as Taylor would testify he heard Morgan admit. The state court granted the motion, but the laboratory could not perform the test because it discovered that some of the evidence was missing. On ha-beas review, Earp then sought further discovery from the federal district court to explore a possible relationship between the disappearance of the evidence and those involved in the alleged prosecutorial misconduct. Instead, the district court assumed without deciding that ttje State engaged in spoliation, and gave Earp the benefit of an adverse inference for the limited purpose of assessing the credibility of the witnesses at the evidentiary hearing.

Following a thorough evidentiary hearing, the district court held that Earp failed to prove his prosecutorial misconduct claim by a preponderance of the evidence, and therefore, he was not denied his due process rights. The district court also denied Earp’s discovery motion. Accordingly, the court denied the only remaining claim from Earp’s 2001 federal habeas petition. Earp makes two contentions on appeal: (1) he should have been allowed to conduct further discovery to explore a possible relationship between those responsible for the alleged spoliation and the alleged witness intimidators; and (2) the district court improperly weighed and did not credit the defense witnesses’ testimony notwithstanding the adverse inference. We affirm the district court’s ruling and hold that it did not abuse its discretion in declining to authorize further discovery; nor did it clearly err in weighing the credibility of the witnesses. As Earp had no remaining viable claims, the district court’s denial of his petition for a writ of habeas corpus was proper.

I

The facts and circumstances surrounding Earp’s crime are provided in detail in both the California Supreme Court opinion resulting from Earp’s direct appeal, Earp, 85 Cal.Rptr.2d 857, 978 P.2d at 27-31, and our prior opinion in Earp I, 431 F.3d at 1165-66. Here, we provide only a brief overview of the basic facts and procedural history, with a more penetrating look at the pertinent record as it relates to the most recent proceedings.

On August 22, 1988, Cindy Doshier left her 18-month-old daughter, Amanda Do-shier, with Ricky Earp for a few days at his girlfriend’s home in Palmdale, California. Earp, 85 Cal.Rptr.2d 857, 978 P.2d at 27. Earp claimed that Dennis Morgan appeared at the home on August 25 in search of heroin. Earp knew Morgan from then-previous time together in state prison. After giving Morgan a spoon (ostensibly to cook the drag) and telling him to leave, Earp claimed he left Amanda inside and went outside to clean paint brashes for approximately 30 minutes. At trial, Earp testified that when he returned,-“[h]e discovered Amanda lying motionless at the bottom of the stairs, and made a number of attempts to revive her, including performing CPR, before calling emergency services. Earp further- testified that Morgan left as Earp was calling for help.” Earp I, 431 F.3d at 1168. After a fireman arrived to transport Amanda to the emergency room, Earp fled and was later arrested in Northern California. Morgan swore that he was never at the house on the day of the attack, and that he was not responsible for Amanda’s death. Id. at 1165. Morgan also said that Earp asked him to testify that another man named “Joe” was there that day. Id. Ultimately, the jury credited the State’s evidence, and Earp was sentenced to death after the jury convicted him of Amanda’s rape and murder. Earp, 85 Cal.Rptr.2d 857, 978 P.2d at 27.

After Earp’s trial, but prior to sentencing, Earp filed a motion for a new trial alleging (among other claims) that a jailhouse informant, Michael Taylor, had overheard Morgan admit that he was at the house that day. The prosecution then presented evidence that Taylor later recanted this claim after being visited by the assistant district attorney and the lead sheriffs detective at the, Los'Angeles County Jail. Stating that “it would appear that even if this was a declaration by [Taylor] himself, it is inherently untrustworthy, ... and not worthy of belief,” the trial court denied Earp’s motion. The California Supreme Court subsequently affirmed Earp’s conviction, id. 85 Cal.Rptr.2d, 857, 978 P.2d at 66, and summarily rejected his state habe-as corpus petition.

In 2001, Earp filed a petition for a writ of habeas corpus in the District Court for the Central District of California, alleging 19 separate claims of error. The district court denied Earp’s petition as to all claims. As to the witness intimidation claim, the court erroneously relied on the state court’s credibility findings concerning Taylor’s testimony. On appeal, we affirmed denial of 17 claims but we reversed and remanded for an evidentiary hearing on' Eárp’s prosecutorial misconduct and inef-' fective assistance ' of counsel (“IAC”) claims. Earp 1, 431 F.3d at 1165.

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Cite This Page — Counsel Stack

Bluebook (online)
881 F.3d 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricky-earp-v-ron-davis-ca9-2018.