Free Response ( Non Motion ) - District Court of California - California

Case 3:07-cv-05124-SI

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Filed 05/30/2008

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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 GERALD A. ENGLER Senior Assistant Attorney General 4 GREGORY A. OTT Deputy Attorney General 5 PEGGY S. RUFFRA Supervising Deputy Attorney General 6 State Bar No. 117315 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-3664 7 Telephone: (415) 703-1362 Fax: (415) 703-1234 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 IVAN KILGORE, 14 Petitioner, 15 v. 16 J. WALKER, Acting Warden, 17 Respondent. 18 19 Petitioner has requested that this Court authorize funds of up to $5,000 for him to obtain RESPONDENT'S STATEMENT OF OPPOSITION TO REQUEST FOR FUNDS C 07-5124 SI IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

20 the transcript of his 1997 Oklahoma trial, which resulted in a conviction of manslaughter.1/ 21 Respondent opposes the request because the parties already have copies of the transcript. 22 Petitioner's California Supreme Court habeas corpus petition clearly indicated that the

23 parties obtained the Oklahoma transcript during trial on March 6, 2003. See Petition, attached 24 Petition for Writ of Habeas Corpus at 13. Petitioner's petition for review actually summarized the 25 testimony petitioner had given in the Oklahoma case. Petition, attached Petition for Review at 6-7, 26 citing Exh. 14. Petitioner himself cites the Oklahoma transcript in the current federal petition in his 27 28 1. Petitioner made the request in an ex parte motion, which we have not reviewed.
Respondent's Statement of Opposition to Request for Funds - C 07-5124 SI

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1 argument that trial counsel was ineffective. See Petition, Supplemental Memorandum of Points and 2 Authorities at 8, citing "Oklahoma trial testimony at page(s) 37-45." While it is unclear whether 3 petitioner currently has the Oklahoma transcript in his possession, it is clear that he can obtain it 4 from appellate counsel without receiving additional funds from the federal court.2/ Accordingly, the 5 request for funds should be denied. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2. We have requested from our archives but not yet received the Attorney General's state 28 court file. If the Oklahoma transcript is included in that file, we will provide it to petitioner.
Respondent's Statement of Opposition to Request for Funds - C 07-5124 SI

Dated: May 30, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General GREGORY A. OTT Deputy Attorney General /s/ Peggy S. Ruffra PEGGY S. RUFFRA Supervising Deputy Attorney General Attorneys for Respondent

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