Bird

(HC) Thompson v. Bird

Good Law
United States District Court, Eastern District of CaliforniaMarch 23, 20232:22-cv-01196California334 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAFT L. THOMPSON, No. 2:22-cv-1196 TLN DB P Petitioner, v. ORDER L. BIRD, Respondent. 16 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. 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. //// ////…

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