Marshall v. Foster

Filing 20

ORDER directing Respondent to supplement the record in this case by providing copies of the recordings and any transcripts of those recordings by June 16, 2016, signed by Chief Judge William C Griesbach on 05/17/2016. The Court further orders counse l be appointed to assist Marshall in seeking relief under 18 U.S.C. § 2254. Therefore a copy of this Order shall be provided to the Federal Defender. (cc: all counsel and Federal Defender via efile; Ladarius Marshall via U.S. Mail)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
LADARIUS MARSHALL,
Plaintiff,
v.

Case No. 15-C-8

SCOTT ECKSTEIN,
Defendant.

ORDER

Ladarius Marshall, proceeding pro se, filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254, asserting that his state court conviction and sentence were imposed in violation
of the Constitution. More specifically, Marshall contends that the statements admitted into evidence
against him at his trial were involuntary and obtained in violation of the rights guaranteed under
Miranda v. Arizona, 384 U.S. 436 (1966) and Michigan v Mosley, 423 U.S. 96, 103 (1975). The
Court has reviewed the record and finds that the interests of justice would be better served by
appointing counsel for Marshall. The Court also notes that the record does not contain recordings
of the statements obtained from Marshall or the transcripts of those statements.
Accordingly, the Court hereby orders the respondent to supplement the record in this case
by providing copies of the recordings and any transcripts of those recordings that were admitted into
evidence. The record should be supplemented with these items on or before June 16, 2016.
The Court further orders, pursuant to 18 U.S.C. § 3006A(a)(2) that counsel be appointed to
assist Marshall in seeking relief under 18 U.S.C. § 2254.

A copy of this order is to be sent to the Federal Defender of the District so that counsel can
be furnished.
Dated this 17th

day of May, 2016.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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