Opinion
No. CIV S-97-0152 WBS KJM, DEATH PENALTY CASE.
January 11, 2008
Respectfully submitted, DANIEL J. BRODERICK, Acting Federal Defender. TIVON SCHARDL, Assistant Federal Defender, TIM BROSNAN, Attorney at Law, Attorneys for Petitioner, LANCE IAN OSBAND.
BILL LOCKYER, Attorney General of the State of California, WARD CAMPBELL, Supervising Deputy Attorney General, /s/ Stephanie Mitchell (as authorized on 1/8/08), Deputy Attorney General, Attorneys for Respondent, WARDEN OF SAN QUENTIN STATE PRISON.
ORDER
The parties submitted a joint statement regarding transcription errors in the transcript for the May 2, 2007 evidentiary hearing. The parties agree on the transcription errors and ask that the court reporter submit corrected pages reflecting the stipulated corrections. The parties jointly ask the court reporter to re-read her notes with respect to three possible errors. The corrections and requests for review are all contained in the attached table.
Good cause appearing, IT IS HEREBY ORDERED as follows:
1. Within seven days of the filed date of this order, court reporter Patricia Hernandez shall file the following:
a. Corrected pages reflecting the stipulated corrections listed in the attached table.
b. A statement regarding whether re-reading the noted passages resulted in any corrections.
2. In addition to normal service of this order upon counsel for petitioner and respondent, the Clerk of the Court is directed to serve it upon Patricia A. Hernandez, Diamond Court Reporters, 1107 2nd Street, # 210, Sacramento, CA 95814 by U.S. Mail and by fax at (916) 442-2783. CAPITAL CASE JOINT STATEMENT REGARDING MAY 2, 2007 TRANSCRIPTION ERRORS
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LANCE IAN OSBAND, NO. CIV-S-97-0152 WBS KJM Petitioner, v. WARDEN, San Quentin State Prison, Respondent. Pursuant to this Court's order filed December 18, 2007 (Doc. 473), the parties submit the following list of agreed transcript errors. There are no disagreements. RT Problem Correction 920:17 respective speculative 924:6 Petitioner Respondent 924:22 Thomson Thomas 925:12 Avinal Avenal 925:23 " " 927:4 [blank line] [reporter to re-read] 930:22 Miss Ms. 934:4 It aspired to this Court's that the [reporter to re-read] 937:24 Miss Ms. 938:11-12 that question is particularly is issued to the the question is one particularly suited to the jury jury as to what weight and credibility as one of weight and credibility 940:25 Miss Ms. 943:10 MR. CAMPBELL: THE COURT: 951:22 Jamie Jaimie 958:24,25 Jaime Jaimie 966:11-12 I'm sorry? THE COURT: I'm sorry? [Reporter to re-read, in light of response of "ma'am" on next line, 13] 966:21 Miss Ms. 992:20 Miss Ms. 992:21 Miss Ms. 995:21,23 Miss Ms. 996:6, 10 Miss Ms. 997:20 Miss Ms.