Trujillo v. Lewis et al

Filing 77

ORDER by Judge Yvonne Gonzalez Rogers granting 74 Motion Motion to Expand the Record (fs, COURT STAFF) (Filed on 5/20/2013)

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1 2 3 4 5 6 SIXTH DISTRICT APPELLATE PROGRAM Jonathan Grossman 154452 100 N. Winchester Blvd., Suite 310 Santa Clara, CA 95050 (408) 241-6171 Fax: (408) 241-2877 jonathan@sdap.org Attorney for Petitioner Mario Trujillo 7 IN THE UNITED STATES DISTRICT COURT 8 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 14 15 GOOD CAUSE APPEARING: Petitioner’s request to expand the record with: 18 (1) Exhibit A to defendant's motion in limine (CT 494-498), attached as exhibit A to the XX motion, is ___ granted ___ denied. 20 22 (2) The City of San Rafael's Motion to Quash the Subpoena Duces Tecum (CT 412-423) and XX the trial court's order quashing the subpoena (CT 531), attached as exhibit B to the motion, is ___ granted ___ denied. 23 24 (3) Exhibits A through C to defendant's motion in limine (CT 480-493), attached as exhibit XX C to the motion, is ___ granted ___ denied. 25 26 27 MOTION TO EXPAND THE RECORD GREG LEWIS, Warden, Respondent. 17 21 [PROPOSED] ORDER GRANTING v. 16 19 C 11-00522 JW YGR MARIO TRUJILLO, Petitioner, (4) The transcripts of the jailhouse telephonic telephone calls made by petitioner that were XX admitted at the first trial (CT 1036, 10137), attached as exhibit D to the motion, is ___ granted ___ denied. 28 -1- 1 2 (5) The reporter's transcripts of the first trial in People v. Trujillo volumes 9 through 17 is XX ___ granted and respondent shall file with this court the record. ___ denied. 3 See below. 4 IT IS SO ORDERED. This Order terminates Dkt. No. 74. 5 6 May 20, 2013 Dated:________________________ 7 8 9 10 11 12 13 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE With regard to the last category, Petitioner has made an insufficient showing of relevance to the issues before the Court. In light of the fact that the second trial (which is the one at issue) had a different trial judge and a different jury than the first, the relevance of the first trial is tenuous at best. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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