From Casetext: Smarter Legal Research

Apolinar v. Madden

United States District Court, Eastern District of California
Jun 21, 2022
1:21-cv-00217-DAD-SAB-HC (E.D. Cal. Jun. 21, 2022)

Opinion

1:21-cv-00217-DAD-SAB-HC

06-21-2022

RAFAEL APOLINAR, Petitioner, v. RAYMOND MADDEN, Respondent.


ORDER DIRECTING RESPONDENT TO LODGE RECORDINGS OF INTERVIEWS

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

In the petition, Petitioner asserts that the statements he made to law enforcement on August 3, 2011 should have been suppressed and the state courts' adjudication of his Miranda claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court and was based on an unreasonable determination of the facts in light of the evidence presented in the state court. (ECF No. 1 at 5, 19).

Page numbers refer to the ECF page numbers stamped at the top of the page.

Respondent has lodged copies of the transcripts of the two interviews conducted on August 3, 2011 with the Court. (1 Aug. CT 192-282). Based on the record before the Court, it appears that there is a video recording of the first interview and an audio recording of the second interview. (See ECF No. 14-9 at 16 (noting that Petitioner was interviewed twice on August 3, 2011 and that the first interview was video recorded and the second was audio recorded)). The Court finds that review of the recordings of the interviews would assist the Court in this matter.

“Aug. CT” refers to the Augmented Clerk's Transcript on Appeal lodged by Respondent on May 11, 2021. (ECF No. 14-3).

Accordingly, Respondent SHALL LODGE with the Court copies of the recordings of Petitioner's August 3, 2011 interviews within twenty-one (21) days of the date of service of this order.

IT IS SO ORDERED.


Summaries of

Apolinar v. Madden

United States District Court, Eastern District of California
Jun 21, 2022
1:21-cv-00217-DAD-SAB-HC (E.D. Cal. Jun. 21, 2022)
Case details for

Apolinar v. Madden

Case Details

Full title:RAFAEL APOLINAR, Petitioner, v. RAYMOND MADDEN, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 21, 2022

Citations

1:21-cv-00217-DAD-SAB-HC (E.D. Cal. Jun. 21, 2022)