Abdulrafi

MEMORANDUM **

Mohammad Javaid Abdulrafi appeals from the judgment of the district court denying his petition for a writ of habeas corpus. He contends that he was deprived of the effective assistance of counsel at his state court trial and sentencing for lewd and lascivious acts on a child under the age of 14.

In his first two motions to supplement the record, Abdulrafi offered newly-discovered evidence regarding Abdulrafi’s trial counsel, Bramlett Hamilton. This evidence indicates that, some time after Abdulrafi’s trial, Hamilton murdered his mother, but was found not guilty by reason of insanity, and diagnosed with paranoid schizophrenia.

While this appeal was pending, Abdulrafi made three motions seeking to supplement the record on appeal. We denied the first two motions because they sought to add to the record documents which were not before the district court. We now grant, however, Abdulrafi’s thud motion to supplement the record because the subject of that motion, Abdulrafi’s state court petition for habeas corpus, should arguably have been included by respondent as part of the state court record under Rule 5, Rules Governing § 2254 Cases in the U.S. Dist. Courts. We…