Turner v. Graham

Filing 27

ORDER: It appears that several key aspects of the state court record are missing from the docket. By March 10, 2021, the parties shall file a joint letter that attaches the following items as individual exhibits: - People's Exhibit 33b (trans criptions of telephone conversations); as further set forth in this Order. Respondent's counsel shall also send a copy of the transcript of Ms. Roebuck's grand jury testimony to chambers via email at [e-mail]. gov. The Court will then file a copy of this under seal. The Court also notes an attachment to the Petition, namely, Dkt. 16, Ex. G-People's Trial Exhibit 18A (surveillance video), was never received by the Court. If either party believes that any of these items cannot be filed with the Court, or cannot be served on the opposing party, that party shall indicate this along with an explanation in the joint letter due March 10, 2021. (Signed by Judge John P. Cronan on 3/3/2021) (cf)

Case 1:18-cv-00492-JPC Document 27 Filed 03/03/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
MYRREHELEKI TURNER,
:
:
Petitioner,
:
:
-v:
:
HAROLD GRAHAM,
:
:
Respondent.
:
:
---------------------------------------------------------------------- X

18-CV-492 (JPC)
ORDER

JOHN P. CRONAN, United States District Judge:
On January 19, 2018, Petitioner Myrreheleki Turner filed a petition for habeas corpus
pursuant to 28 U.S.C. § 2254. Dkt. 1. He filed a supplemental petition on July 22, 2019. Dkt. 16.
Respondent opposed this on March 24, 2020, Dkt. 24, and Petitioner replied on April 6, 2020, Dkt.
25. The undersigned was reassigned to this matter on September 29, 2020.
It appears that several key aspects of the state court record are missing from the docket. By
March 10, 2021, the parties shall file a joint letter that attaches the following items as individual
exhibits:
-

People’s Exhibit 33b (transcriptions of telephone conversations);

-

Petitioner’s initial motion pursuant to New York Criminal Procedure Law § 440.10,
filed on January 15, 2018 and any other relevant papers;

-

Justice Pickholz’s May 2018 order denying Turner’s initial § 440.10 motion and
ordering an evidentiary hearing with respect to his supplemental § 440.10 motion; and

-

The exhibits Respondent stated it would file with its Answer, see Dkt. 24, Answer at 8.

Respondent’s counsel shall also send a copy of the transcript of Ms. Roebuck’s grand jury
testimony to chambers via email at [e-mail]. The Court will

Case 1:18-cv-00492-JPC Document 27 Filed 03/03/21 Page 2 of 2

then file a copy of this under seal.
The Court also notes an attachment to the Petition, namely, Dkt. 16, Ex. G—People’s Trial
Exhibit 18A (surveillance video), was never received by the Court. If Petitioner wishes the Court
to rely on this video, Petitioner shall file this exhibit by March 10, 2021, mailing a CD containing
the relevant video footage, along with a copy of this Order, to the following address: United States
District Court for the Southern District of New York, Open Records, Room 370, 500 Pearl Street,
New York, NY 10007. Petitioner shall also mail a courtesy copy of the CD to chambers.
If either party believes that any of these items cannot be filed with the Court, or cannot be
served on the opposing party, that party shall indicate this along with an explanation in the joint
letter due March 10, 2021.
SO ORDERED.
Dated: March 3, 2021
New York, New York

__________________________________
JOHN P. CRONAN
United States District Judge

2