Free Motion for Protective Order - District Court of California - California

Case 3:08-cv-01132-BTM-RBB

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GARY W. SCHONS Senior Assistant Attorney General 4 KEVIN VIENNA Supervising Deputy Attorney General 5 ERIKA HIRAMATSU, State Bar No. 190883 Deputy Attorney General 110 West A Street, Suite 1100 6 San Diego, CA 92101 P.O. Box 85266 7 San Diego, CA 92186-5266 Telephone: (619) 645-2224 8 Fax: (619) 645-2191 Email: [email protected] 9 10 Attorneys for Respondent 11 12 13 14 15 16 17 18 19 20 21 22 23 perjury: 24 Petitioner seeks habeas corpus relief from this Court based upon a claim that he did not I, ERIKA HIRAMATSU, declare the following is true and correct under penalty of v. ROBERT J. HERNANDEZ, Warden, Respondent. SHAWN JAMES ALLEN WOODALL, Petitioner, 08-1132 BTM (RBB) REQUEST FOR PROTECTIVE ORDER TO FILE STATE-COURTSEALED REPORTER'S TRANSCRIPTS UNDER SEAL IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

25 make a knowing and intelligent waiver of his constitutional right to a formal probation 26 revocation hearing. To support his claim, Petitioner alleges that on August 30, 2006, the court 27 stated it would defer discussion of the probation matter until September 28, 2006, and infers 28 such discussion never occurred on the later date.
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The state trial court ordered the court reporter's notes from the hearings on August 30,

2 2006, and September 28, 2006, to be placed under seal. (Exh. 1.) 3 In Petitioner's state direct appeal, the California Court of Appeal granted Petitioner's

4 appellate counsel's request to order transmission of the sealed reporter's transcripts from the trial 5 court to Respondent and to Petitioner's appellate counsel, but the court additionally ordered the 6 parties to maintain the transcripts under seal. (Exh. 2.) The Court of Appeal quoted statements 7 made during the proceedings on August 30, 2006, in support of the holding in its written 8 opinion, which addresses the same issues as those Petitioner raises in this Petition. 9 Rule 5(c) of the Rules Governing section 2254 cases requires the State to identify all

10 available transcripts and to attach relevant portions of the transcript to its answer. Sizemore v. 11 District Court, 735 F.2d 204, 206-07 (6th Cir. 1984). While the Reporter's Transcripts for 12 August 30, 2006, and September 28, 2006, are clearly relevant and material to Petitioner's 13 claims in this matter, Respondent remains bound by the California Court of Appeal's July 13, 14 2007, Order to maintain the transcripts under seal. (See Exh. 2.) 15 For this reason, Respondent requests this Court order the August 30, 2006, and

16 September 28, 2006, Reporter's Transcripts on Appeal in People v. Rojas (Cal. Ct. App. No. 17 D050136) to be filed under seal with this Court. See CivLR 79.2(c). 18 If this Court declines to issue an order sealing such transcripts, Respondent may file a

19 request for enlargement of time in which to file an Answer, so Respondent can pursue an order 20 from the California Court of Appeal to unseal the transcripts. 21 //// 22 //// 23 //// 24 //// 25 //// 26 //// 27 //// 28 ////
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Dated: August 11, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GARY W. SCHONS Senior Assistant Attorney General KEVIN VIENNA Supervising Deputy Attorney General

s/Erika Hiramatsu ERIKA HIRAMATSU Deputy Attorney General Attorneys for Respondent

SD2008801763

REQUEST FOR PROTECTIVE ORDER

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