Wheelockv.Kernan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIADec 12, 2011
No. C 05-3878 PJH (N.D. Cal. Dec. 12, 2011)

No. C 05-3878 PJH

12-12-2011

THOMAS FRANKLIN WHEELOCK, Petitioner, v. SCOTT M. KERNAN, Warden, Respondent.


ORDER RE RECORD

On September 27, 2011, this fully-briefed habeas case was reassigned from the Honorable Jeremy Fogel to the undersigned judge. On November 17, 2011, pursuant to the court's request, respondent lodged portions of the record that the court found were missing. The court appears to now have the entire record as lodged previously with Judge Fogel.

However, the court is unable to locate any transcripts of the actual voir dire and responses from Juror No. 8. Instead, the only transcripts the court was able to locate regarding Juror No. 8's voir dire responses are from July 23, 2001, following jury selection, when the trial court noted for the record discussions that transpired at sidebar conferences during voir dire. R.T. 4077-78. Nor has the court located in the record Juror No. 8's questionnaire, referenced in the trial court's discussion at R.T. 4077-78. To the extent that such transcripts and/or questionnaire exists, the court finds that they are necessary for its adjudication of the related habeas claim, and respondent should submit them to the court no later than seven days from the date of this order. In the event the documents do not exist, respondent should advise the court that is the case.

IT IS SO ORDERED.

________________


PHYLLIS J. HAMILTON


United States District Judge