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Vaden v. Adams

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 25, 2009

THEODORE BENJAMIN VADEN, PETITIONER,
v.
DARRELL G. ADAMS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus. The petition raised four claims: 1) violation of right to preliminary hearing; 2) jury instruction error; 3) ineffective assistance of appellate counsel; and 4) conviction obtained by use of perjured testimony. On January 16, 2009, respondent filed an answer addressing these claims.

On January 28, 2009, petitioner filed a brief in support of his petition. This brief addresses the four original claims and includes a new claim alleging violations of Apprendi v. New Jersey, 530 U.S. 466 (2000), Blakely v. Washington, 542 U.S. 296 (2004), and Cunningham v. California, 549 U.S. 270 (2007). The new claim was raised in petitioner's habeas petition filed in the California Supreme Court on January 8, 2008. See Respondent's Lodged Document no. 13.

Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order, respondent shall file a response to petitioner's new claim alleging violations of Apprendi, supra, et al.; petitioner may file a reply within twenty days thereafter.

20090225

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