Craven

Craven v. Robertson

Good Law
United States District Court, Northern District of CaliforniaJanuary 21, 20213:20-cv-01933California669 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KALVIN N. CRAVEN, Case No. 20-cv-01933-SI

Petitioner,

ORDER RECONSIDERING EARLIER

v. ORDER AND PERMITTING

AUGMENTATION OF THE RECORD

JIM ROBERTSON, Re: Dkt. No. 23 Respondent.

12 Petitioner moved to augment the record in this habeas action with two cell phone videos and a surveillance video that were admitted in evidence at petitioner’s state court criminal trial. Docket No. 13. Respondent filed a response explaining that Respondent did not have access or control of the trial exhibits including the videos and that an order from this court to the Alameda County Superior Court would be necessary to obtain the videos. Docket No. 14. Respondent submitted copies of still photos from the videos, as only still photos had been served on Respondent during the state court appeal. Id. The court denied the motion to augment the record, explaining that federal habeas review is “‘limited to the record that was before the state court…

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