Wright v. Hedgeph
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/13/2011 ORDERING that, w/in 14 days, respondent shall lodge w/ this court the state court records pertaining to ptnr's Marsden claim.(Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DUNDELL WRIGHT,
Petitioner,
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vs.
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No. CIV S-09-3347 MCE EFB P
A. HEDGPETH,
Respondent.
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ORDER
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Petitioner is a state prisoner proceeding in propria persona with a petition for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a 2003 judgment of
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conviction entered against him in the Sacramento County Superior Court on charges of second
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degree murder of a police officer while in the performance of his duties, with an enhancement
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for use of a firearm. Petitioner raises fifteen separate grounds for federal habeas relief.
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In petitioner’s thirteenth ground for relief, he claims that the trial court violated his Sixth
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Amendment right to counsel when it denied his motion for substitute counsel pursuant to People
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v. Marsden, 2 Cal.3d 118 (1970). In responding to this claim in his answer, respondent has cited
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to and quoted from the relevant Marsden motions filed in state court and the hearings thereon.
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See Answer at 88-89 (Dckt. No. 18 at 92-93). However, none of these motions or hearing
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transcripts are contained in the record filed with this court. The court is unable to analyze
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petitioner’s Marsden claim without the state court record relating to petitioner’s requests for
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substitute counsel. Accordingly, respondent will be directed to lodge the relevant documents
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within fourteen days.
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Good cause appearing, IT IS ORDERED that, within fourteen days from the date of this
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order, respondent shall lodge with this court the state court records pertaining to petitioner’s
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Marsden claim, and cited in his answer at pages 88-89 (Dckt. No. 18 at 92-93.)
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DATED: June 13, 2011.
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