(HC) Thompson v. Bird

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA RAFT L. THOMPSON, No. 2:22-cv-1196 TLN DB P 12 Petitioner, 13 v. ORDER L. BIRD, 15 Respondent.

17 Petitioner is a state prisoner proceeding with a petition for a writ of habeas corpus under 28 U.S.C. §2254. Petitioner raises Sixth Amendment claims regarding his right to counsel.

19 Petitioner made a motion mid-trial under People v. Marsden, 2 Cal. 3d 118 (1970) to challenge his attorney’s representation. The trial court held a hearing on the motion. (See RT 216-17 (ECF No. 13-3 at 222-23).) The transcript of the hearing was sealed and does not appear in this court’s copy of the trial transcript. (See ECF No. 13-3 at 223.) However, the state court opinion discusses the substance of that hearing. (ECF No. 13-8 at 3.) The hearing is relevant to petitioner’s Sixth Amendment claims. While respondent lodged the state court record herein, it does not appear respondent lodged a copy of the Marsden hearing transcript.

26 //// //// //// 1 Accordingly, IT IS HEREBY ORDERED that within twenty days of the filed date of this | order respondent shall either: (1) lodge a copy of the transcript of the state court Marsden | hearing;! or (2) inform the court where it can find the transcript in the currently-lodged record.

4 | Dated: March 22, 2023 4 .B ORAH BARNES UNITED STATES MAGISTRATE JUDGE | DLB:9 ig DB Prisoner Inbox/Habeas/R/thom1 196.marsden trserpt | ‘It appears that the Marsden hearing transcript was unsealed — its substance is described in the parties’ publicly-filed appellate briefs and in the decision of the state Court of Appeal. However, | if itis still technically sealed, respondent may lodge it with this court under seal.