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Ontiveros-Perez v. Medina

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Mar 29, 2013
Civil Action No. 12-cv-01075-CMA (D. Colo. Mar. 29, 2013)

Opinion

Civil Action No. 12-cv-01075-CMA

03-29-2013

JULIO ONTIVEROS-PEREZ, Applicant, v. ANGEL MEDINA, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.


Judge Christine M. Arguello


ORDER TO SUPPLEMENT STATE COURT RECORD

On July 27, 2012, Magistrate Judge Boyd N. Boland issued an Order for State Court Record and to Answer to the Respondents, directing Respondents to file with the Clerk of the Court, within thirty days, a copy of the complete record of Applicant's state court proceedings in Jefferson County District Court case numbers 06CR656 and 06CR1122, including all documents in the state court file and transcripts of all proceedings conducted in the state court, but excluding any physical evidence (as opposed to documentary evidence) not relevant to the asserted claims.

The Court has reviewed the state court record filed in this Court on August 1, 2012. Missing from the record is the DVD recording of Applicant's February 16, 2006 videotaped interview with Detective Mark Greubel of the City of Arvada Police Department. The DVD recording is relevant to the Court's disposition of Applicant's first claim for relief, in which he asserts that his rights under the Fifth Amendment and Miranda v. Arizona, 384 U.S. 436 (1966) were violated by the trial court's failure to suppress incriminating statements Applicant made to the police following a Miranda advisement in English. Accordingly, it is

ORDERED that Respondents shall file with the Clerk of the Court the DVD recording of Applicant's February 16, 2006 videotaped interview with Detective Mark Greubel of the Jefferson County Sheriff's Department within fourteen (14) days of the date of this Order. It is

FURTHER ORDERED that the Clerk of the Court is directed to send copies of this order to the clerk of the state court from which the case originated and to the Court Services Manager, State Court Administrator's Office by United States mail, first class postage prepaid, at the following addresses:

Clerk of the Court

Jefferson County Combined Courts

Att: Appeals

100 Jefferson County Parkway

Golden, Colorado 80401;

Court Services Manager

State Court Administrator's Office

101 W. Colfax, Suite 500 Denver, Colorado 80202

BY THE COURT:

___________

CHRISTINE M. ARGUELLO

United States District Judge


Summaries of

Ontiveros-Perez v. Medina

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Mar 29, 2013
Civil Action No. 12-cv-01075-CMA (D. Colo. Mar. 29, 2013)
Case details for

Ontiveros-Perez v. Medina

Case Details

Full title:JULIO ONTIVEROS-PEREZ, Applicant, v. ANGEL MEDINA, and THE ATTORNEY…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Mar 29, 2013

Citations

Civil Action No. 12-cv-01075-CMA (D. Colo. Mar. 29, 2013)