Holland v. USA

Filing 15

ORDER granting 13 Motion for review of ex parte hearing. Signed by Chief Judge Robert J. Conrad, Jr on 11/2/2012. (blf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-280-RJC
(3:11-cr-112-RJC)
ERIKA HOLLAND,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on Respondent’s Motion for Review of an Ex Parte
Hearing, filed November 1, 2012. (Doc. No. 12).
On May 3, 2012, Petitioner filed a Motion to Vacate, Set Aside or Correct Sentence under
28 U.S.C. § 2255, therein raising various allegations of ineffective assistance of counsel. (Doc.
No. 1). On October 25, 2012, the Court entered an Order allowing the Government to order
transcripts from ex parte hearings which were held on February 24, 2011, and May 9, 2011.
(Doc. No. 12).1
On October 31, 2012, the Court conducted an evidentiary hearing on Grounds One and
Two of Petitioner’s Section 2255 motion. The Government was provided with fourteen (14)
business days from the date of the hearing to file an answer or response to the allegations raised
by Petitioner. In this latest motion, the Government seeks permission to order the transcript from

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The hearings concerned Petitioner’s allegations of ineffective assistance which she raised
prior to her conviction and sentencing.
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another ex parte hearing which was held on September 2, 2011. The Government presents the
same reasons in this present motion in support of its request for the ex parte hearing, namely, that
the information from the ex parte hearing may assist in defending against the allegations of
ineffective assistance.
The Court finds that for the reasons stated in the October 25th Order, (Doc. No. 12), the
Government’s motion should be granted.
IT IS, THEREFORE, ORDERED that the Clerk of Court shall allow the Government
to order the transcript of the September 2, 2011 hearing, including the ex parte portion.
Signed: November 2, 2012

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