Wheelock v. Kernan
ORDER RE RECORD. Signed by Judge Hamilton on 12/12/11. (pjhlc3, COURT STAFF) (Filed on 12/12/2011)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
THOMAS FRANKLIN WHEELOCK,
No. C 05-3878 PJH
ORDER RE RECORD
SCOTT M. KERNAN, Warden,
For the Northern District of California
United States District Court
On September 27, 2011, this fully-briefed habeas case was reassigned from the
Honorable Jeremy Fogel to the undersigned judge. On November 17, 2011, pursuant to
the court’s request, respondent lodged portions of the record that the court found were
missing. The court appears to now have the entire record as lodged previously with Judge
However, the court is unable to locate any transcripts of the actual voir dire and
responses from Juror No. 8. Instead, the only transcripts the court was able to locate
regarding Juror No. 8's voir dire responses are from July 23, 2001, following jury selection,
when the trial court noted for the record discussions that transpired at sidebar conferences
during voir dire. R.T. 4077-78. Nor has the court located in the record Juror No. 8's
questionnaire, referenced in the trial court’s discussion at R.T. 4077-78. To the extent that
such transcripts and/or questionnaire exists, the court finds that they are necessary for its
adjudication of the related habeas claim, and respondent should submit them to the court
no later than seven days from the date of this order. In the event the documents do not
exist, respondent should advise the court that is the case.
IT IS SO ORDERED.
Dated: December 12, 2011
PHYLLIS J. HAMILTON
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?