Barraza v. Gentry et al

Filing 40

ORDER. IT IS ORDERED that, pursuant to Rule 7 of the Rules Governing Section 2254 Cases in the United States District Courts, respondents shall, by 7/10/2017, file as an exhibit in this case a copy of the video recording of Barraza's statement to the police. See Order for details. Signed by Judge Andrew P. Gordon on 6/19/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JESSICA BARRAZA,

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Petitioner,

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vs.

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J. GENTRY, et al.,

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2:14-cv-01185-APG-PAL
ORDER

Respondents.
_____________________________/

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In this habeas corpus action, the respondents have filed an answer (ECF No. 19), and the

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petitioner, Jessica Barraza, who is represented by counsel, has filed a reply (ECF No. 39). Also,

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respondents have filed 130 exhibits, constituting the state-court record (ECF Nos. 11, 26-32, 34-36).

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The Court has examined the parties’ pleadings, and the exhibits filed by respondents, and
determines that further expansion of the record is necessary.

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IT IS THEREFORE ORDERED that, pursuant to Rule 7 of the Rules Governing Section

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2254 Cases in the United States District Courts, respondents shall, by July 10, 2017, this order, file

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as an exhibit in this case a copy of the video recording of Barraza’s statement to the police, which

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appears to have been admitted into evidence at her trial as State’s Exhibit 32. See Transcript of

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Trial, August 22, 2007, Exhibit 71, pp. 115-16 (ECF No. 30-1, pp. 116-17). If respondents are

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unable to file a copy of that exhibit, respondents may file a notice to that effect along with a copy of

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the transcript of Barraza’s statement to the police, if that is available. If respondents are unable to

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file a copy of either the video recording or transcript of Barraza’s statement to the police, or if

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respondents believe that a copy of that either has already been filed in this federal habeas corpus

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action, respondents should file a notice to such effect. After respondents expand the record as

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ordered, Barraza will have 10 days to file a response regarding the correctness of the exhibit, or

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responding to any notice filed by the respondents, if she deems it necessary to do so. See Rule 7(c)

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of the Rules Governing Section 2254 Cases in the United States District Courts.

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Dated this 19th day of June, 2017.

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UNITED STATES DISTRICT JUDGE

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