Holmes v. Miller

Filing 81

ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2016 DENYING Petitioner's 79 Motion to Conduct the Deposition of Hon. Steve White. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSICA HOLMES,

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No. 2:11-cv-2710 JKS KJN P (TEMP)

Petitioner,
ORDER

v.
DEBORAH K. JOHNSON, Warden,
Respondent.

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Petitioner is a state prisoner, proceeding through counsel, with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. An evidentiary hearing is scheduled in this matter

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on August 22, 2016, on petitioner’s claim that her trial counsel rendered ineffective assistance

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during the plea bargain process.

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On July 29, 2016, petitioner filed a motion requesting permission to conduct the

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deposition of Steve White, the state court judge who presided over petitioner’s trial. After a

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review of the motion, the court does not find good cause to order the discovery sought by

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petitioner. The motion reflects that Judge White informed petitioner’s current counsel that all of

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his communications with petitioner were in “open court, in the presence of all counsel and on the

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record.” ECF No. 79 at 3. Thus, whether or not petitioner was informed by the trial judge that

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she faced a sentence of life without parole will appear on the state court record. The undersigned

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expects the relevant record to be filed by the parties in connection with the evidentiary hearing.
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The August 22, 2016 date set for that hearing is hereby confirmed.
Accordingly, IT IS ORDERED that petitioner’s motion requesting permission to conduct

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the deposition of Hon. Steve White (ECF No. 79) is denied.

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Dated: August 2, 2016

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KJN:holmes2710.o(3);dmou8(2)

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