Silva v. Schechter CA5

Filed 5/27/22 Silva v. Schechter CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

HELIODORO A. SILVA, F082423 Plaintiff and Appellant, (Super. Ct. No. 20CV-02515) v.

JEANNE SCHECHTER, a Judge of the Superior OPINION Court,

Defendant and Respondent.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Timothy W. Salter, Judge. Heliodoro A. Silva, in pro. per., for Plaintiff and Appellant. Bold, Polisner, Maddow, Nelson & Judson, Craig L. Judson and Sharon M. Nagle, for Defendant and Respondent. -ooOoo-

* Before Smith, Acting P. J., Snauffer, J. and De Santos, J.

An inmate filed a civil suit for damages against a superior court judge who presided over habeas proceedings in which the inmate challenged his underlying criminal convictions. The trial court sustained the judge’s demurrer without leave to amend. We affirm. FACTS AND PROCEEDINGS On September 2, 2020, inmate Heliodoro A. Silva filed a civil complaint in the Merced County Superior Court against Superior Court Judge Jeanne Schechter, the City of Merced, the County of Merced, a county prosecutor, and a police detective. This appeal concerns the claims against Judge Schechter. On May 11, 2020, Judge Schechter denied a petition for writ of habeas corpus filed by Silva in connection with his convictions. On September 2, 2020, Silva filed the aforementioned complaint against Judge Schechter, among others. Silva stated in the complaint: “The Plaintiff is serving two consecutive life without the possibility of parole sentences for … aiding and abetting two murders, conviction[s] [dated] November 4, 2016.” He further noted: “Plaintiff … is actually and factually innocent.” (Unnecessary capitalization omitted.) In the complaint, Silva alleged, with reference to his prior convictions, that the prosecutor, investigating detective, and Judge Schechter had conspired to secure and uphold his convictions. In this context, he alleged that the investigating detective had punched him in the stomach to coerce him into giving a false confession in Spanish. Silva further alleged that, at his criminal trial, the prosecutor played a recording of his confession that was in English and did not reflect the detective’s coercive tactics. Silva alleged that when he filed his petition for writ of habeas corpus challenging his convictions, Judge Schechter did not approve subpoenas to compel the sheriff’s office to produce the original recording of his confession, did not conduct an evidentiary hearing to determine whether his confession was coerced, and denied his petition. Silva alleged in the complaint that Judge Schechter denied his petition as part of a conspiracy with the