Beames v. Cullen

Filing 224

ORDER upon Stipulation to unseal briefs and clerk's confidential Penal Code Section 987.9 Transcript on Appeal re 223 signed by Magistrate Judge Stanley A. Boone on 11/18/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MICHAEL BEAMES,

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DEATH PENALTY CASE

Petitioner,

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Case No. 1:10-cv-01429-DAD-SAB

ORDER UPON STIPULATION TO UNSEAL
BRIEFS AND CLERK’S CONFIDENTIAL
PENAL CODE § 987.9 TRANSCRIPT ON
APPEAL

v.
RON DAVIS, Warden of San Quentin State
Prison,

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(Doc. No. 223)
Respondent.

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Before the Court is the parties’ November 7, 2016 stipulation to unseal documents lodged

18 and filed under seal pursuant to this court’s October 29, 2015 order regarding a confidential state
19 court [California Penal Code § 987.9] transcript prepared by the Tulare County Superior Court
20 on October 24, 2001, captioned as a California Supreme Court document in petitioner’s
21 automatic appeal.
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The parties stipulate to unsealing the noted documents on grounds petitioner has waived

23 confidentiality (see Doc. No. 223, at Ex. 1); the California Supreme Court has determined the
24 record on appeal does not include any sealed transcript comprised of Penal Code section 987.9
25 materials (see id., at Ex. 2); and the Tulare County Superior Court has signed a stipulation and
26 order unsealing the confidential 987.9 transcript (see id., at Ex. 3).
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Accordingly, for good cause shown,

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1.

The Clerk of the Court is directed to lodge in the public docket the 987.9 notice of

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lodgment and confidential clerk’s transcript prepared by the Tulare County

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Superior Court, consisting of two hundred seventy-two (272) pages.
2.

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The Clerk of the Court is directed to unseal the following documents filed in the

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docket: (i) petitioner’s final list of sealed exhibits (Doc. No. 170); (ii)

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respondent’s sealed exhibits Q, R, S, T, U, V, X, Y, (Doc. No. 171); (iii)

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respondent’s request to seal documents (Doc. No. 214); (iv) respondent’s post-

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hearing brief on claim 11 (Doc. No. 215); and (v) petitioner’s reply to
respondent’s post- hearing brief on claim 11 (Doc. 222).

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3.

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Any and all documents included in the noted 987.9 notice of lodgment and

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confidential clerk’s transcript that were received as sealed exhibits at the

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evidentiary hearing including respondent’s exhibit W and any 987.9 motions and

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orders previously lodged in paper form in this proceeding are unsealed.
4.

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The parties may refer to any of the above noted documents in all publicly filed
future pleadings in this action.

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IT IS SO ORDERED.

20 Dated:

November 18, 2016
UNITED STATES MAGISTRATE JUDGE

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