Nailah White v. D. K. Johnson, No. 2:2016cv01863 - Document 37 (C.D. Cal. 2018)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Dale S. Fischer for Report and Recommendation (Issued), 34 . IT IS THEREFORE ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. (See Order for details) (bem)

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Nailah White v. D. K. Johnson Doc. 37 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 Petitioner, 12 ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S.. MAGISTRATE JUDGE v. 13 14 Case No. CV 16-1863-DSF (JPR) ~ NAILAH WHITE, JANEL ESPINOZA, Warden, Respondent. 15 16 17 The Court has reviewed the Petition, records on file, and 18 Report and Recommendation of U.S. Magistrate Judge. 19 U.S.C. ~ 636. 20 in.which she mostly repeats arguments raised in the Petition and 21 Traverse.l 22 rejected in the R. & R., but one of Petitioner's objections 23 requires brief discussion. 24 See 28 On December 26, 2017, Petitioner filed objections, Those arguments were thoroughly addressed and Petitioner argues that insufficient evidence supported her 25 conviction for mayhem as an aider and abettor. (See Objs. at 10- 26 11.) 27 element of aiding and abetting was not proved and contests the She contends in particular that the "specific intent" 28 1 On December 28, 2017, Petitioner filed a Request to Correct or Amend the Objections, which the Court grants. Dockets.Justia.com 1 prosecution's reliance on "the doctrine [that] `malice' could] 2 be inferred by injury." 3 unconvincing. 4 (Id.) Petitioner's arguments are The prosecution proceeded both on the theory of aiding and 5 abetting and guilt as a principal (see Lodged Doc. 2, 7 Rep.'s 6 Tr. at 2176-78 ("[Petitioner] committed some of these things 7 personally 8 was so instructed (see Lodged Doc. 2, 2 Rep.'s Tr. at 237 (aiding 9 and abetting), 244 (mayhem principal theory as to both and also aided and abetted[.]")), and the jury 10 defendants)). 11 particular theory" and may "validly rely on different theories in 12 order to return a guilty verdict." 13 326, 332 (9th Cir. 2016) (en banc) (citing Schad v. Arizona, 501 14 U.S. 624, 631-32 (1991)). 15 find "beyond a reasonable doubt that Petitioner was in fact an 16 aider and abettor," as she alleges (Objs. at 10), but rather 17 could convict her of mayhem as a principal. 18 Mayors, 18 Cal. 4th 385, 408 (1998) ("[T]he jury need not decide 19 unanimously whether defendant was guilty as the aider and abettor 20 or as the direct perpetrator."). 21 Petitioner "personally inflicted great bodily injury." 22 Doc. 1, 2 Clerk's Tr. at 270-71.) 23 in full, sufficient evidence supported Petitioner's mayhem 24 conviction on a theory of guilt as a principal. 25 50-57.) 26 A "jury [is] not required to unanimously choose a Taylor v. Beard, 811 F.3d Thus, the jury was not required to See People v. Indeed, the jury found that (Lodged As the R. & R. has addressed (See R. & R. at Having reviewed de novo those portions of the R. & R. to 27 which Petitioner objected, the Court accepts the Magistrate 28 Judge's findings and recommendations. E 1 2 IT IS THEREFORE ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. 3 4 5 DATED: '2' ls~ ~~~ Z/V`-"'~. DALE S. FISCHER U.S. DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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