Perez v. Baker et al

Filing 42

ORDER - Within thirty days of the date of this order, the Respondents shall locate and file either a transcript of R.B.'s testimony on October 21, 2009, or an audio recording thereof, as a supplement to the State Court record in this action. Signed by Judge Howard D. McKibben on 6/19/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NOE ORTEGA PEREZ,
Petitioner,

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Case No. 3:17-cv-00538-HDM-CLB

v.

ORDER

BAKER, WARDEN, et al.,

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Respondents.

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This counseled habeas petition pursuant to 28 U.S.C. § 2254
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is pending before the court for consideration of the merits of the
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petition. In its review of the record, the court is unable to
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locate any transcript of the testimony of the victim, R.B., on the
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final day of trial, October 21, 2009. (See Pet. Ex. 24 (Tr. 2);
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Resp. Ex. 36). 1 A partial transcript indicates that the testimony
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on that day was not transcribed. (Pet. Ex. 24). The court requires
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the entire relevant state court record, including any testimony of
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the victim that was heard by the jury, to evaluate the petitioner’s
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claims. Accordingly, within thirty days of the date of this order,
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the respondents shall locate and file either a transcript of R.B.’s
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testimony on October 21, 2009, or an audio recording thereof, as
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a supplement to the state court record in this action.
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IT IS SO ORDERED.
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DATED: This 19th day of June, 2020.

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____________________________
UNITED STATES DISTRICT JUDGE

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Cited exhibits are located at ECF Nos. 20 & 29.

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