Nguyen v. Dickinson

Filing 14

ORDER FOR FURTHER SUBMISSIONS (whalc2, COURT STAFF) (Filed on 9/18/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN NGUYEN,

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For the Northern District of California

United States District Court

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Petitioner,
v.

ORDER FOR FURTHER
SUBMISSIONS

KATHLEEN DICKINSON, Warden,

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Respondent.
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No. C 11-03324 WHA

The Court has received petitioner John Nguyen’s petition for writ of habeas corpus,

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respondent’s answer, petitioner’s traverse, and the memoranda of points and authorities thereto.

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Petitioner must provide a color copy, whether electronic or paper, of the declaration of Kenneth

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R. Moses and any other exhibit which requires color to interpret. Respondent must certify that

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the record lodged with the Court is a complete record of the state court proceedings or state why

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it is unable to lodge a complete record despite reasonable diligence. Petitioner and respondent

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shall complete these tasks by NOON ON SEPTEMBER 28.

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In addition, the following statements shall be filed by NOON ON OCTOBER 8:
1)

Respondent shall state under oath the full extent to which the prosecution and/or

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its investigating agents had information that Jason Le, Kelly Tang, and/or Phillip

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Nguyen were present at the scene on the night in question. This question is not

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limited to the discovery provided to trial counsel, but extends to the full universe

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of information covered by the Brady doctrine.

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2)

Petitioner shall state under oath the full extent to which he was aware at the time

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in question, before trial, or during trial that Jason Le, Kelly Tang, and/or Phillip

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Nguyen were present at the scene on the night in question and the extent to

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which he knew their identities.

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3)

Trial counsel shall state under oath the full extent that he was aware that Jason

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Le, Kelly Tang, and/or Phillip Nguyen were potential witnesses, including what

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information was provided to him by petitioner concerning them, during trial or

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prior thereto.

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Petitioner’s counsel are responsible for obtaining items two and three.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: September 18, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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