Opinion
S236635
04-13-2017
LEGARDY (RONALD) ON H.C.
Order filed
The order filed on April 12, 2017, is hereby amended to read in its entirety:
Petitioner's “Motion to File Unredacted Habeas Petition and Exhibits Under Seal,” filed on August 17, 2016, is granted in part and denied in part.
The request to file Exhibit 3 under seal is granted. (Cal. Rules of Court, rule 8.45(b)(5), 8.47(c)(1); Welf. & Inst. Code, § 827.)
The requests to file Exhibits 24, 27, 28, 29, 30, and 31 under seal are denied. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.)
The request to file Exhibit 35 under seal is granted as to the first full paragraph of page 2331 through the second full paragraph of page 2332, and as to pages 2341-2345. (Cal. Rules of Court, rule 8.45(b)(5), 8.47(c)(1); Welf. & Inst. Code, § 827.)
The request to file Exhibit 35 under seal is denied as to pages 2328 through 2332 (with the exception of the page excerpts ordered sealed above) and as to pages 2346-2373. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.)
The clerk of this court is directed to return “Exhibits to Second Petition for Writ of Habeas Corpus, Volumes 2, 3, 4, 5, 6, 7, 8,” which contain Exhibit 24, and “Exhibits to Second Petition or Writ of Habeas Corpus, Volume 9,” which contain, inter alia, Exhibits 27, 28, 29, 30, 31, and 35, all lodged conditionally under seal in this court on August 17, 2016, to counsel for petitioner, unless petitioner notifies the clerk in writing within 21 days after the date of this order that the specified lodged exhibits and that pages 2328-2340 (with the exception of the page excerpts ordered sealed above) and pages 2346-2373 of Exhibit 35 are to be filed as part of the public record. (See Cal. Rules of Court, rule 8.46(d)(7).)
The Clerk is directed to return to petitioner's counsel the unredacted “Second Petition for Writ of Habeas Corpus,” lodged conditionally under seal on August 17, 2016, as well as the redacted “Second Petition for Writ of Habeas Corpus,” filed on August 17, 2016. Within 21 days of this order petitioner must submit, consistent with this order, public and non-public volumes of exhibits, including a redacted version of Exhibit 35, a new redacted version of the petition for writ of habeas corpus, and a new unredacted version of the petition, which will be filed nunc pro tunc to August 17, 2016.