Giurbino

Johnson v. Giurbino

Good Law
291 F. App'x 9
United States Court of Appeals for the Ninth CircuitJuly 28, 2008No. 07-55647California469 words

Opinion

Lead Opinion

MEMORANDUM *

Gerald Bruce Johnson appeals the order of the district court denying his first amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 (a), and affirm.

*11 i

The district court was not obliged to accept Johnson’s position that his pleas were induced by unfulfilled promises about the length of his prospective sentence. Allen v. Calderon, 408 F.3d 1150 (9th Cir. 2005), upon which Johnson relies, does not compel a different result as there, the petitioner’s statements were sworn, unrebutted, and corroborated. Id. at 1153-54 .

II

The California Court of Appeal’s determination was not contrary to, or an unreasonable application of, clearly established federal law. It did not bar Johnson categorically from challenging voluntariness, as Johnson argues. Nor did the state court misapprehend Blackledge v. Allison, 431 U.S. 63 , 97 S.Ct. 1621 , 52 L.Ed.2d 136 (1977). To the extent relevant, Blaekledge indicates that “[s]olemn declarations in open court carry a strong presumption of verity. The subsequent presentation of conclusory allegations unsupported by specifics is subject to summary dismissal, as are…

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