Priest v. Sisto et al

Filing 24

ORDER signed by Senior Judge A Wallace Tashima on 06/14/10 ORDERING that Respondent shall file all available pleadings and documentation of Priest's guilty plea proceeding from the state court record, including any reporter's transcripts of Priest's plea proceedings (that now exist or can be transcribed from reporter's notes) and any written plea agreement, w/i 30 days; petitioner's 23 request that the court take judicial notice of a reported case is DENIED. (Benson, A.)

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1 2 3 4 5 6 7 U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA D A V ID PRIEST, ) ) P e titio ne r, ) ) v. ) ) D .K . SISTO, Warden, ) ) R e s p o nd e nt. ) ______________________________ ) N o . 2:07-CV-0064 AWT ORDER In its order dated June 2, 2008, this Court ordered respondent to file an a ns w e r to Priest's claim that his guilty plea was not voluntary because he was fa ls e ly promised a maximum term of seven years' parole. Respondent's a ns w e r was to be accompanied "by the necessary transcripts and record." Docket No. 15. Respondent filed its answer on November 24, 2008, but did no t include any transcript of Priest's guilty plea or a written plea agreement. Those items, however, are necessary to evaluate the voluntariness of Priest's p le a agreement, and may obviate the need for an evidentiary hearing. IT IS HEREBY ORDERED: 1. R e s p o nd e nt shall file all available pleadings and documentation o f Priest's guilty plea proceeding from the state court record, including any re p o rte r' s transcripts of Priest's plea proceedings (that now exist or can be tra ns c rib e d from reporter's notes) and any written plea agreement, within 30 d a ys of the date of this order. 2. P e titio ne r' s request that the court take judicial notice of a re p o rte d case is denied. Federal Rule of Evidence 201, under which the re q ue s t is made applies only to "adjudicative facts," and a reported case is no t an adjudicative fact. D a te d : June 14, 2010. /s/ A. Wallace Tasima A. WALLACE TASHIMA United States Circuit Judge Sitting by Designation 2

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