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Spence v. People

October 30, 2010

EDDIE C. SPENCE, PETITIONER,
v.
PEOPLE OF THE STATE OF CALIFORNIA, RESPONDENT.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER CONSTRUING PETITIONER'S "MOTION" AS A REQUEST FOR STIPULATION

(Doc. 50)

ORDER DISREGARDING THE REQUEST FOR STIPULATION

(Doc. 50)

ORDER DEFERRING RULING ON PETITIONER'S REQUEST FOR JUDICIAL NOTICE OR INTRODUCTION OF EVIDENCE

(Doc. 49)

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303. Pending before the Court are Petitioner's request for judicial notice and the introduction of exculpatory evidence, and his request for stipulation to the introduction of such evidence, filed in this Court on August 25, 2010. Respondent filed opposition to the requests on September 14, 2010. Petitioner did not file a reply.

I. Petitioner's "Motion for Stipulation" Is Deemed to Be a Request and Is Disregarded

The docket refers to Petitioner's request for a stipulation from the Attorney General concerning the introduction or consideration of evidence pertaining to his claim of ineffective assistance of counsel as a "motion" (docket entry re: doc. 50). However, it does not seek action by the Court, and therefore it is DEEMED to be a request.

Further, the Court DISREGARDS Petitioner's request because the Respondent has declined the request in the opposition to the request filed by Respondent on September 14, 2010. (Doc. 53, 5.)

II. Order Deferring Consideration of Petitioner's Request for Judicial Notice

A. Background

Petitioner was convicted on December 15, 2004, in the Tulare County Superior Court of making criminal threats (count 1) in violation of Cal. Pen. Code § 422 and of assault (count 2) in violation of Cal. Pen. Code § 240. (2 CT 413-14.) He was sentenced to thirty-one (31) years to life pursuant to California's "Three Strikes" law (Cal. Pen. Code § 667(a)(i)). (Ans. 6:6-7.) Petitioner filed his petition on January 2, 2008. By order of the Court dated June 2, 2008, four of the claims stated in the petition were stricken, and Respondent was directed to file a ...


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