Opinion
S242255
08-16-2017
JOHNSON (DERRICK A.) ON H.C.
Motion to file document under seal granted
Petitioner's “Application to File Petition for Writ of Habeas Corpus and Supporting Exhibits Under Seal,” filed on May 31, 2017 and on August 3, 2017, is granted in part, denied in part, and denied in part without prejudice.
The application to file Exhibit 10 (in Volume 3) under seal is granted. (Pen. Code, § 1203.05; Cal. Rules of Court, rules 8.45(b)(5) and 8.46(b)(1).)
The application to file Exhibits 1, 2, 3, 4, 5, 6, 12, 13, 14, and 31 (in Volume 3) under seal is denied. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.)
The application to file the unredacted petition for writ of habeas corpus under seal, filed on August 3, 2017, is denied without prejudice. The Clerk is directed to return to petitioner's counsel the unredacted Petition for Writ of Habeas Corpus, the “Redacted Petition for Writ of Habeas Corpus,” and Volume 3 of the “Exhibits in Support of Petition for Writ of Habeas Corpus.” Within 14 days of this order, consistent with this order, petitioner must file a renewed application to file Exhibit 10 and the unredacted petition for writ of habeas corpus under seal, and must file revised public and non-public versions of Volume 3 of the “Exhibits to the Petition for Writ of Habeas Corpus,” and a revised redacted version of the petition for writ of habeas corpus.
If petitioner does not want the exhibits as to which the Court has denied the application to seal to be publicly filed, he should remove those exhibits from Volume 3, and references to those exhibits from the unredacted petition for writ of habeas corpus, when he files his renewed application to seal. (See Cal. Rules of Court, rule 8.46(d)(7.)) If the Court grants the renewed application to seal, the petition for writ of habeas corpus and exhibits will be filed nunc pro tunc to May 31, 2017.
Corrigan, J., was absent and did not participate.