Tate v. Booker

Full title: ROBERT WINDELL TATE, Petitioner, v. RAYMOND BOOKER, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Nov 21, 2007

Case No.: 06-CV-13156 (E.D. Mich. Nov. 21, 2007)

Opinion

Case No.: 06-CV-13156.

November 21, 2007

OPINION AND ORDER DIRECTING RESPONDENT TO FILE SUPPLEMENTAL RESPONSIVE PLEADING AND GRANTING PETITIONER'S "MOTION TO COMPEL RESPONDENT TO FURNISH AND FILE WALKER HEARING TRANSCRIPT"

ROBERT CLELAND, District Judge

Petitioner Robert Windell Tate has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Respondent has filed an Answer in Opposition to Petition for Writ of Habeas Corpus. In his response, Respondent fails to address the claims raised in the petition. Instead, Respondent addresses the claims raised by Petitioner in his appeal of right in the state court. However, those claims are not raised in the petition. Therefore, the court directs Respondent to file a supplemental responsive pleading addressing the claims raised in the habeas petition.

Petitioner has filed a "Motion to Compel Respondent to Furnish and File Walker Hearing Transcript." Petitioner states that a Walker hearing¹ was held on April 24, 2001, and requests that Respondent be required to file a transcript of the hearing and provide Petitioner with a copy. Based upon the record before the court, it is unclear whether a hearing was conducted or whether the trial court denied the motion for a hearing. If a hearing was held, the transcript is relevant to a fair determination of the petition. Therefore, the court grants the Motion and directs Respondent to file the transcript of trial court proceedings conducted on April 24, 2001, and to provide a copy to Petitioner. If such a transcript is unavailable, Respondent shall so inform the court. Accordingly,

1 People v. Walker, 374 Mich. 331 (1965), requires an evidentiary hearing when a defendant challenges the admissibility of a confession.

IT IS ORDERED that Respondent shall file a supplemental answer addressing the claims raised in the petition within thirty days of the date of this Order.

IT IS FURTHER ORDERED that Petitioner's "Motion to Compel Respondent to Furnish and File Walker Hearing Transcript" [Dkt. #12] is GRANTED. Within thirty days of the date of this Order, Respondent shall file the transcript of trial court proceedings conducted on April 24, 2001. Respondent shall also furnish Petitioner with a copy of the transcript. If such a transcript is not available, Respondent shall notify the court in writing within thirty days of the date of this Order.