Wheelock v. Kernan

Filing 130

ORDER RE RECORD. Signed by Judge Hamilton on 12/12/11. (pjhlc3, COURT STAFF) (Filed on 12/12/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THOMAS FRANKLIN WHEELOCK,
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Petitioner,

No. C 05-3878 PJH

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v.
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ORDER RE RECORD
SCOTT M. KERNAN, Warden,

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Respondent.
_______________________________/

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For the Northern District of California

United States District Court

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On September 27, 2011, this fully-briefed habeas case was reassigned from the

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Honorable Jeremy Fogel to the undersigned judge. On November 17, 2011, pursuant to

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the court’s request, respondent lodged portions of the record that the court found were

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missing. The court appears to now have the entire record as lodged previously with Judge

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Fogel.

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However, the court is unable to locate any transcripts of the actual voir dire and

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responses from Juror No. 8. Instead, the only transcripts the court was able to locate

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regarding Juror No. 8's voir dire responses are from July 23, 2001, following jury selection,

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when the trial court noted for the record discussions that transpired at sidebar conferences

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during voir dire. R.T. 4077-78. Nor has the court located in the record Juror No. 8's

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questionnaire, referenced in the trial court’s discussion at R.T. 4077-78. To the extent that

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such transcripts and/or questionnaire exists, the court finds that they are necessary for its

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adjudication of the related habeas claim, and respondent should submit them to the court

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no later than seven days from the date of this order. In the event the documents do not

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exist, respondent should advise the court that is the case.

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IT IS SO ORDERED.

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Dated: December 12, 2011

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______________________________
PHYLLIS J. HAMILTON
United States District Judge