Brian Charles Dubrin v. People of the State of California

Filing 90

MODIFIED ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 89 . See Order for details. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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BRIAN CHARLES DUBRIN,
Petitioner,

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v.

Case No. CV 10-1032-CJC (JC) (“2010 case”)
MODIFIED ORDER GRANTING
STIPULATED PROTECTIVE ORDER

DAVE DAVEY, Custodian,
California State Prison at Corcoran

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Respondent.

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GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the
stipulated protective order is granted as modified.
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Documents and materials from trial counsel’s file from Los Angeles

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County Case number KA046040 shall be deemed confidential. These documents and

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materials (hereafter “documents”) may be used only by the Court and by the parties to

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this federal habeas litigation, namely (1) representatives from the Office of the

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California Attorney General and (2) petitioner and his representatives at the Office of

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the Federal Public Defender (hereafter “Parties”). These documents may be used by

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the Parties only for purposes of any proceedings incident to litigating the claims

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presented in the Petition for Writ of Habeas Corpus pending before this Court.

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2.

Testimony regarding conversations between petitioner and his defense

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attorney, Ruben Garcia, relating to case number KA046040, including but not limited

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to statements about the nature of the charges, potential defenses, defense strategy, any

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consequences of conviction, Dubrin’s prior convictions and Dubrin’s willingness to

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plead to any offense, may be used only by the Parties. Information disclosed during

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such testimony may be used by the Parties only for purposes of any proceedings

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incident to litigating the claims presented in the Petition for Writ of Habeas Corpus

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pending before this Court. The Parties may use such information for purposes of

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review or appeal of this Court’s ruling on the claims.

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3.

The Parties may not disclose the information described in paragraphs (1)

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and (2) to any other persons or agencies, including any other law enforcement or

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prosecutorial personnel or agencies, without an order from the Court.

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4.

This order shall continue in effect after the conclusion of the habeas

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corpus proceedings and specifically shall apply in the event of a retrial or resentencing

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of all or any portion of Petitioner’s criminal case, except that the Parties maintain the

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right to request modification or vacation of this order upon entry of final judgment in

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this matter.

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DATED: _January 17, 2017

/s/
Honorable Jacqueline Chooljian
U.S. MAGISTRATE JUDGE

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