Cutshall v. People of the State of Colorado et al

Filing 22

SECOND SUPPLEMENTAL ORDER FOR STATE COURT RECORD. Within thirty days from the date of this order the Respondents shall file with the Clerk of the Court copies of all hearing transcripts between the dates of 6/13/2011 and 7/29/2011, along with all trial exhibits that are in documentary form. By Judge Philip A. Brimmer on 12/19/11. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-00547-PAB
NICHOLAS CUTSHALL,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

SECOND SUPPLEMENTAL ORDER FOR STATE COURT RECORD

On August 3, 2011, this Court issued an Order for State Court Record [Docket
No. 15], directing the Respondents to file with the Clerk of the Court, in electronic
format if available, a copy of the complete record of Applicant’s state court proceedings
in People v. Cutshall, Denver District Court Case No. 06CR3968, including all
documents in the state court file and transcripts of all proceedings conducted in the
state court, but excluding any physical evidence (as opposed to documentary evidence)
not relevant to the asserted claims.
On August 31, 2011, the Denver District Court filed the original state court record
in this Court, consisting of four CD ROMs containing the pleadings file, some hearing
transcripts, questions from the jury following Applicant’s trial, and confidential
documents relating to Applicant’s sentencing proceeding. On September 20, 2011, the
Court issued a Supplemental Order for State Court record to the Denver District Court

to obtain copies of the trial and hearing transcripts that were missing from the state
court record filed on August 31, 2011.
On October 14, 2011, the Denver District Court filed the missing trial transcripts,
along with the transcript of a June 12, 2011 motions hearing. However, the
supplementary state court record filed on October 14, 2011 indicates that the June 12,
2011 motions hearing was continued to a later date. Accordingly, it is
ORDERED that within thirty days from the date of this order the Respondents
shall file with the Clerk of the Court, in electronic format if available, copies of all
hearing transcripts between the dates of June 13, 2011 and July 29, 2011, along with
all trial exhibits that are in documentary form. It is further
ORDERED that the Clerk of the Court is directed to send copies of this order to
the following:
(1)

Clerk of the Court
Denver County District Court
1437 Bannock Street
Denver, Colorado 80202;

(2)

Assistant Solicitor General
Appellate Division
Office of the Attorney General
1525 Sherman Street
Denver, Colorado 80203; and

(3)

Court Services Manager
State Court Administrator’s Office
101 W. Colfax, Ste. 500
Denver, Colorado 80202.

DATED December 19, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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