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Beaulieu v. Dannels

United States District Court, D. Arizona

March 18, 2019

Hayden A. Beaulieu, Petitioner,
v.
Mark Dannels, et al., Respondents.

          REPORT AND RECOMMENDATION

          Leslie A. Bowman United States Magistrate Judge.

         Pending before the court is a petition for writ of habeas corpus filed on July 5, 2018, by Hayden A. Beaulieu, an inmate currently held in the Cochise County Jail in Bisbee, Arizona. (Doc. 1); (Doc. 8) Beaulieu challenges a conviction imposed by the Cochise County Superior Court on June 27, 2016. (Doc. 1, p. 1)

         Pursuant to the Rules of Practice of this court, the matter was referred to Magistrate Judge Bowman for report and recommendation. LRCiv 72.2(a)(2).

         The Magistrate Judge recommends that the District Court, after its independent review of the record, enter an order dismissing the petition. Beaulieu's claims are not exhausted.

         Summary of the Case

         On June 27, 2016, Beaulieu was convicted after a plea of guilty of attempted arson of an occupied structure. (Doc. 10, pp. 24-25) The trial court sentenced Beaulieu to five years supervised probation. Id.

         Beaulieu filed a notice of post-conviction relief (PCR) on September 15, 2016. (Doc. 11, p. 29) Beaulieu filed a second notice of post-conviction relief on September 18, 2018. (Doc. 11-9, p. 2) He filed a petition on November 5, 2018 claiming (1) trial counsel Manch was ineffective for failing to present mitigating evidence of his mental health evaluation and failing to seek transfer to juvenile court and failing to advocate for his transfer to a juvenile facility, (2) PCR counsel Danies was ineffective for failing to communicate with him, (3) his due process rights were violated when the superior court failed to give him notice that Danies was appointed, (4) his right to due process and to be free from cruel and unusual punishment was violated when the superior court failed to determine his moral culpability and amenability to rehabilitation before the state was allowed to proceed against him as an adult, (5) he was subject to cruel and unusual punishment when he was attacked in the Cochise County Jail on November 27, 2015, and in 2018 the Cochise County jail policy prevented him from taking his medications, (there is no sixth claim for relief), (7) he was suffering from severe mental distress when he committed the crime, (8) AZ Const. Art. 4 Sec. 22, which states that juveniles who are charged with certain crimes must be charged as adults, violates the 5th and 8th Amendments, (9) A.R.S. s 13-501 is illegal under the 5th and 8th Amendments because it gives prosecutors sole discretion to charge minors as adults for crimes not described in the Arizona Constitution, (10) AZ Const. Art. 2 Sec. 2.1(A)(5) is illegal under the 5th Amendment as it grants victims the right to decline questioning or being summoned as a witness. (Doc. 9, p. 4); (Doc. 11-10, pp. 2-21) The state filed a response to the petition on December 11, 2018. (Doc. 12, p. 7) The petition remains outstanding.

         A petition to revoke probation was filed on September 6, 2017, apparently because Beaulieu left Arizona without permission and traveled to California. (Doc. 10, p. 28, 52)

         On May 1, 2018, Beaulieu filed a petition for writ of certiorari with the Supreme Court of the United States apparently challenging his transfer from California back to Arizona. (Doc. 10, p. 31, 34) The petition was denied on November 19, 2018. (Doc. 10, p. 43)

         Beaulieu also filed a petition for special action in the Arizona Court of Appeals challenging his transfer back to Arizona. (Doc. 10, p. 65) The court dismissed the action on July 11, 2018, because Beaulieu failed to file a copy of the ruling of the Cochise County Superior Court below. (Doc. 10, pp. 65-67) It appears that Beaulieu failed to file a special action petition with the superior court before filing with the court of appeals.

         On May 10, 2018, Beaulieu also filed a petition for writ of habeas corpus in the Arizona Court of Appeals. (Doc. 11, p. 6) The court dismissed the action on July 11, 2018, because Beaulieu failed to file a copy of the ruling of the Cochise County Superior Court below. (Doc. 11, pp. 15, 20, 22) It appears that Beaulieu failed to file a petition for writ of habeas corpus with the superior court before filing with the court of appeals.

         The trial court reinstated the intensive probation on September 12, 2018. (Doc. 11-7, p. 2) On November 8, 2018, Beaulieu filed a petition for writ of habeas corpus with the Arizona Supreme Court. (Doc. 12, p. 14)

         A second petition to revoke was filed on November 30, 2018. (doc. 12, p. 3)

         On July 5, 2018, Beaulieu filed the pending petition for writ of habeas corpus in this court pursuant to 28 U.S.C. § 2254. (Doc. 1) He claims (1) A.R.S. § 13-1501 violates due process because he was charged as an adult for a crime that did not fall under that statute and the statute gives prosecutors discretion to charge minors as adults, (2) counsel was ineffective for failing to present mitigating evidence of his PTSD (post-traumatic stress disorder) and failing to advocate for his transfer to juvenile court and to advocate for him when he was assaulted by inmates at the Cochise County Jail, (3) the court failed to evaluate his competency and deprived him of an opportunity to contest being charged as an adult, (4) he was subject to cruel and unusual punishment when the Superior Court housed him at the Cochise County Jail ...


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