Opinion
S240328
07-03-2017
VAUGHN (HENRY KEITH) ON H.C.
Order filed
The order filed on May 24, 2017, is hereby amended to read in its entirety:
Petitioner's “Motion for Leave to File Second Petition for Writ of Habeas Corpus and Exhibits Under Seal,” filed on March 1, 2017, is granted in part, denied in part, and denied in part without prejudice.
The motion to file under seal Exhibit D and Exhibit J is granted. (Cal. Rules of Court, rule 8.46(b).)
The motion to file under seal Exhibits E, F, G, H, I, K, L, M, O, T, U, and V is denied. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.)
The motion to file under seal Exhibit S is granted only as to pages 000001-000018 that contain records as to which the Court has granted the motion to file those records under seal as Exhibits D and J, and is otherwise denied without prejudice.
The motion to file the “Unredacted Second Petition for Writ of Habeas Corpus” under seal is denied without prejudice.
The “Redacted Second Petition for Writ of Habeas Corpus,” and Volumes II through XI of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus,” lodged conditionally under seal on March 1, 2017, include redactions and exhibits as to which the motion to seal has been denied. Volume II of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus,” contains, inter alia, Exhibits D and J, as to which the motion to seal has been granted. Volume III of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus,” contains, inter alia, pages 000001 through 000018 of Exhibit S, as to which the motion to seal has been granted. The Clerk is therefore directed to return to petitioner's counsel the “Redacted Second Petition for Writ of Habeas Corpus,” Volumes II through XI of the “Exhibits in Support of Second Petition for Writ of Habeas Corpus,” and the “Unredacted Second Petition for Writ of Habeas Corpus.”
Within 14 days of this order, and consistent with this order, petitioner must file a renewed motion to file an unredacted petition for writ of habeas corpus and exhibits under seal, and must submit a revised redacted version of the petition for writ of habeas corpus and revised public and non-public volumes of the exhibits, including revised redacted versions of Volume II of the exhibits, and of Exhibit S. If petitioner does not want exhibits as to which the Court has denied the motion to seal to be publicly filed, he should remove those exhibits, and references to those exhibits, when he files his renewed motion to seal. (See Cal. Rules of Court, rule 8.46(d)(7.)) If the Court grants the renewed motion to seal, the petition for writ of habeas corpus and exhibits will be filed nunc pro tunc to March 1, 2017.