Baldwin v. Adams

Filing 12

ORDER by Judge Claudia Wilken GRANTING 11 MOTION FOR APPOINTMENT OF COUNSEL; AND GRANTING PETITIONER'S COUNSEL AN EXTENSION OF TIME TO FILE TRAVERSE. (ndr, COURT STAFF) (Filed on 3/25/2011)

Baldwin v. Adams

Doc. 12

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES LAMONT BALDWIN, ) ) Petitioner, ) ) v. ) ) DERRAL ADAMS, Warden, ) ) Respondent. ) ___________________________ ) No. C 09-4749 CW (PR) ORDER GRANTING MOTION FOR APPOINTMENT OF COUNSEL; AND GRANTING PETITIONER'S COUNSEL AN EXTENSION OF TIME TO FILE TRAVERSE (Docket no. 11)

The petition for a writ of habeas corpus was filed on October 6, 2009. An Order to Show Cause issued on March 17, 2010, and on

January 11, 2011, Respondent filed an Answer. Before the Court is Petitioner's request for the appointment of counsel. A. J. Kutchins, by whom Petitioner was represented in

state court, appeared specially for Petitioner by filing the present motion for appointment of counsel. Mr. Kutchins states

that, while he "cannot afford to undertake representation of Petition on federal habeas on an entirely pro bono basis," he would do so if the Court appointed him. Counsel at 2 n.1.) The Sixth Amendment's right to counsel does not apply in habeas corpus actions. 728 (9th Cir. 1986). See Knaubert v. Goldsmith, 791 F.2d 722, (Mot. for Appt. of

The Court may, however, appoint counsel to

represent a habeas petitioner whenever "the court determines that the interests of justice so require and such person is financially unable to obtain representation." 18 U.S.C. § 3006A(a)(2)(B).

The decision to appoint counsel is within the discretion of the district court. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th

Cir. 1986); Knaubert, 791 F.2d at 728; Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984).

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Here, Petitioner asserts five claims for relief: (1) that he received constitutionally ineffective assistance of counsel; (2) that the prosecutor committed prejudicial misconduct in violation of the Fifth and Fourteenth Amendments; (3) that the trial court's admission of the two taped statements between Petitioner and his girlfriend violated his Fifth and Fourteenth Amendment rights; (4) that the trial court's admission of evidence of threats against witnesses violated his constitutional rights; and (5) that the trial court failed to investigate sufficiently a claim of jury tampering. (Pet. at 6.)

The Court finds that the appointment of counsel is warranted in this action and that Mr. Kutchins is already familiar with the facts of the case. Therefore, the Court appoints Mr. Kutchins to The motion for appointment Counsel should seek

represent Petitioner in this action.

of counsel (docket no. 11) is GRANTED.

reimbursement pursuant to 18 U.S.C. § 3006A(d) and (e) via the Federal Public Defender's Office. In light of this Order appointing counsel, the Court will GRANT Petitioner's counsel an extension of time to file a traverse. Petitioner's traverse is due on May 13, 2011. The

matter will thereafter be submitted on the papers. The Clerk of the Court shall send a copy of this Order to A.J. Kutchins, P.O. Box 5138, Berkeley, California 94705, to Petitioner, to the Federal Public Defender, and to Respondent. IT IS SO ORDERED. DATED: 3/25/2011 CLAUDIA WILKEN United States District Judge

2

1 2 3

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES LAMONT BALDWIN,

4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James Lamont Baldwin V52337 Corcoran State prison P.O. Box 5244 Corcoran, CA 93212 A.J. Kutchins, P.O. Box 5138, Berkeley, California 94705 Federal Public Defender Northern District of California 19th Floor Federal Building - Box 36106 450 Golden Gate Avenue San Francisco, CA 94102 Dated: March 25, 2011 v. DERRAL ADAMS et al, Defendant. / Plaintiff,

Case Number: CV09-04749 CW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 25, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

3