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Cox v. Warden

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


October 6, 2010

MICHAEL A. COX, PETITIONER,
v.
WARDEN, OF THE CALIFORNIA STATE PRISON AT SAN QUENTIN RESPONDENT.

DEATH PENALTY CASE

ORDER TO CORRECT SUPPLEMENTAL LODGEMENT OF STATE COURT RECORD

In compliance with this Court's August 27, 2010, order directing the parties to meet and confer and offer a proposed stipulation and order with respect to the correction of the record previously lodged by respondent in this action, the parties having stipulated and agreed to make the following corrections to the lodgement of the state court record, it is hereby ORDERED that:

A. The following portions of the original lodged record shall be stricken and returned to respondent; petitioner will replace such pleadings with clean copies:

1. Respondent's brief (AG) December 11, 1987;

2. Informal response (AG) April 26, 1988;

3. Supplemental petition for writ of habeas corpus (OSPD) April 6, 1990;

4. Notice and motion to disqualify counsel for the state (OSPD) May 5, 1992;

5. Petitioner's proposed findings of fact (OSPD) August 31, 1995; and

6. Respondent's suggested modifications to Referee's intended decision with appropriate commentary upon Petitioner's corrections (Darlene) (AG) September 8, 1988.

B. The following portions of the original lodged record shall be stricken and returned to respondent by petitioner:*fn1

Trial CTs Volume II Trial RTs Volume VI

Volume VIII Volume XII Volume XV

Reference Hearing Volume 3 RTs Volume 8

Volume 11 Volume 12 Volume 13 Volume 14 Volume 17 Volume 22 Volume 24 Volume 30

C. The following reference hearing exhibits in the lodged record shall be stricken and returned to respondent; petitioner shall replace such exhibits with clean copies:

Reference Hearing Exhibits:

Pet. 116-A

117-B 118-B 119-B 120-C 121 124-A 124-B 149-A 150-A 151-A 161 162 163 Resp. T2

D. The following reference hearing exhibits in the lodged record shall be stricken, withdrawn by petitioner, and returned to respondent:*fn2

Reference Hearing Exhibits

Ct. 1

Pet. 101

105

Reference Hearing Exhibits

106 107 111 112 114 125 139 142 144 145 146 Resp. C

R

S

U

V

W

X

Y

VV

YY AAA DDD EEE

E. Petitioner shall withdraw the following identified exhibits in the lodged record and replace them with properly redacted copies of the portions that were admitted at the reference hearing, and return the original exhibits to respondent: Reference Hearing Exhibits

Pet. 141 (pages 6-7 admitted)

Resp. B (page 1, line 19 et seq. admitted)

F. Petitioner shall lodge copies of the contents of the audiotapes that were admitted into evidence at the reference hearing, in the form of audio compact discs:

People's Exhibit QQQ Defense Exhibit 116 Defense Exhibit 117 Defense Exhibit 118 Defense Exhibit 119 Defense Exhibit 120 Defense Exhibit 124-1 Defense Exhibit 124-2 Defense Exhibit 140A Defense Exhibit 147 Defense Exhibit 149 Defense Exhibit 150 Defense Exhibit 151

G. Petitioner shall lodge: Petitioner's Reply to informal response filed May 31, 1990; and Respondent's suggested modifications to Referee's intended decision with appropriate commentary upon Petitioner's corrections (Mobert).

H. Petitioner shall have 60 days after the entry of the Court's order to effectuate the correction of the lodgement of the state court record as set forth above.


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