Puckett v. Epps, et al

Filing 21

ORDER requiring Respondents to produce Exhibits 19 and 21-A that were presented to the state court jury on or before February 16, 2009. Signed by District Judge Halil S. Ozerden on January 30, 2009 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION LARRY MATTHEW PUCKETT VS. CHRISTOPHER B. EPPS, Commissioner, Mississippi Department of Corrections and LAWRENCE KELLY, Superintendent, Mississippi Department of Corrections ORDER In its consideration of the issues raised by the Petition for Writ of Habeas Corpus filed in this matter, the Court has reviewed the state court record submitted by the Respondents. To more fully consider those issues, the Court has determined that two exhibits presented to the jury at Petitioner's trial, but not included in the state court record sent to this Court, should also be reviewed. Those exhibits relate to the 911 calls that were made by the victim's mother and husband on the day of the murder. The Court understands that there was no transcript of the calls submitted to the jury; therefore, the Court needs the actual tape of those calls, as well as the printout of the log of those calls. Those exhibits were numbered 19 and 21-A at trial. While it is likely that those exhibits have been returned to the Circuit Court of Forrest County, Respondents should be able to obtain them. IT IS, THEREFORE, ORDERED that Respondents obtain and deliver to the Court Exhibits 19 and 21-A that were submitted to the jury during the trial of this matter, those exhibits being the printout of the log of the 911 calls made by the victim's mother and husband on the day of the crime, as well as the tape of those calls. IT IS FURTHER ORDERED that these exhibits be delivered to this Court on or before February 16, 2009. PETITIONER CIVIL ACTION NO. 2:04CV302HSO

RESPONDENTS

IT IS SO ORDERED, this the 30th day of January, 2009.

H
ALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE

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