Sifuentes v. Hedgpeth

Filing 44

ORDER DENYING MOTION TO RELATE CASES. Signed by Judge William Alsup on 11/21/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 11/21/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RUBEN E. VASQUEZ,

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For the Northern District of California

United States District Court

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No. C 07-04250 WHA

Petitioner,
v.

ORDER DENYING
ADMINISTRATIVE MOTION
TO RELATE CASES

THOMAS FELKER, Warden,
Respondent.
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The Court has reviewed respondent’s motion to relate two actions involving the Section

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2254 habeas petitions of co-defendants Ruben Vasquez and Miguel Galindo Sifuentes. Based on

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review of the claims asserted in petitioner Sifuentes’ fourth amended petition, this order finds

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that there is no predominance of issues between the two actions. The Vasquez case involved

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claims of violation of constitutional rights due to the prosecutor’s use of peremptory challenges

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to strike African-American prospective jurors based on their race and the removal for cause of

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eleven prospective jurors on the ground that they failed to disclose their prior criminal histories

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in their questionnaires. In contrast, it appears that, Sifuentes’ fourth amended petition brings

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claims for the prosecutor’s removal for cause of jurors on the basis of their race, the application

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of California’s felony murder rule in violation of the eighth amendment and right to jury trial,

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and violation of due process when several jurors slept through key portions of the trial, in

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addition to a Batson claim regarding the prosecutor’s use of peremptory challenges to strike

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jurors on the basis of race. Although there is a potential overlap on one claim, this order finds

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that there will not be unnecessary duplication of labor and expense or conflicting results if the

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cases are conducted before different judges. The motion to relate the two cases is DENIED.

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IT IS SO ORDERED.

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Dated: November 21, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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