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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 THOMAS FRANKLIN WHEELOCK, 6 Petitioner, No. C 05-3878 PJH 7 v. 8 ORDER RE RECORD SCOTT M. KERNAN, Warden, 9 Respondent. _______________________________/ 11 For the Northern District of California United States District Court 10 On September 27, 2011, this fully-briefed habeas case was reassigned from the 12 Honorable Jeremy Fogel to the undersigned judge. On November 17, 2011, pursuant to 13 the court’s request, respondent lodged portions of the record that the court found were 14 missing. The court appears to now have the entire record as lodged previously with Judge 15 Fogel. 16 However, the court is unable to locate any transcripts of the actual voir dire and 17 responses from Juror No. 8. Instead, the only transcripts the court was able to locate 18 regarding Juror No. 8's voir dire responses are from July 23, 2001, following jury selection, 19 when the trial court noted for the record discussions that transpired at sidebar conferences 20 during voir dire. R.T. 4077-78. Nor has the court located in the record Juror No. 8's 21 questionnaire, referenced in the trial court’s discussion at R.T. 4077-78. To the extent that 22 such transcripts and/or questionnaire exists, the court finds that they are necessary for its 23 adjudication of the related habeas claim, and respondent should submit them to the court 24 no later than seven days from the date of this order. In the event the documents do not 25 exist, respondent should advise the court that is the case. 26 IT IS SO ORDERED. 27 Dated: December 12, 2011 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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