Barraza v. Gentry et al
Filing
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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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