Jensen v. Hernandez
Keith Hugh Jensen |
Robert J. Hernandez |
2:2009cv00512 |
February 23, 2009 |
US District Court for the Eastern District of California |
Habeas Corpus (General) Office |
San Diego |
Dale A. Drozd |
None |
Federal Question |
28:2254 Petition for Writ of Habeas Corpus (State) |
Available Case Documents
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Filing 63 ORDER signed by Magistrate Judge Dale A. Drozd on 7/31/2012 ORDERING 62 Petitioner's 4/27/2012 request for a certificate of appealability is GRANTED; petitioner's 7/20/2012 motion for a certificate of appealability is GRANTED; and a certificate of appealability is ISSUED in the present action. (cc: USCA) (Reader, L) |
Filing 59 ORDER signed by Magistrate Judge Dale A. Drozd on 06/29/12 ordering respondent's 04/23/12 request for clarification 49 is granted in that the court has clarified its prior order. Petitioner's 04/27/12 motion for reconsideration or to alter or amend the judgment 51 is denied. Petitioner's Notice of Appeal, filed on the same date as his motion for reconsideration, is deemed effective as of the date of this order. (Plummer, M) |
Filing 52 ORDER signed by Magistrate Judge Dale A. Drozd on 5/9/2012 ORDERING that within 14 days, both parties shall file a brief no longer than 5 pages in lenghth addressing the effect of the recent decision of the Ninth Circuit Court of Appeals in Becker v. Martel on the court's 3/30/12 order; after the court receives the parties' briefs, it will rule on petitioner's 51 motion for reconsideration or to alter or amend the judgment and respondent's 49 request for clarification; the clerk is to send petitioner a copy of the unpublished Becker decision with this order. (Yin, K) |
Filing 45 ORDER signed by Magistrate Judge Dale A. Drozd on 3/30/2012 ORDERING 1 Petition for Writ of Habeas Corpus filed by Keith Hugh Jensen is CONDITIONALLY GRANTED only with respect to his claims of Faretta error and that his appellate counsel rendered i neffective assistance in failing to raise that Faretta error on appeal. The petition is DENIED in all other respects. Therefore, the writ is conditionally granted and petitioner's judgment of conviction shall be vacated only if respondent fails to either dismiss the enhancement allegations which were added by amendment after the Faretta advisement and resentence petitioner, or initiate proceedings to retry petitioner within 90 days. However, if either party appeals the judgment in this case, no criminal proceedings need be commenced until 90 days after the issuance of the mandate following a final appeallate decision or the denial of a petition for writ of certiorari, whichever occurs later. (Waggoner, D) |
Filing 36 ORDER signed by Magistrate Judge Dale A. Drozd on 01/04/11 granting 35 Motion for Extension of time. Respondent shall file a response to the 12/02/10 order on or before 01/31/11. Petitioner's 12/22/10 motion for order 34 is granted. Petit ioner may file a reply to respondent's response to the 12/02/10 order within 30 days of service of respondent's response on petitioner. Respondent shall provide petitioner with a copy of all transcripts lodged in compliance with the 12/02/10 order. (Plummer, M) |
Filing 33 ORDER signed by Magistrate Judge Dale A. Drozd on 12/01/10 ORDERING that, w/i 30 days, respondent shall file a response to petitioner's claim that his federal constitutional rights were violated by the failure of the trial court to obtain a rene wal of his waiver of counsel when the charging information was amended to add enhancement allegations that increased the maximum sentence petitioner could receive; w/i 30 days, respondent shall lodge the transcript of both petitioner's sentencing proceeding and the hearing on the motion to amend the information. (Benson, A.) |
Filing 7 ORDER signed by Magistrate Judge Dale A. Drozd on 9/17/09 DIRECTING RESPONDENT to File a Response to Petition. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. Response to Petition due within 60 days. Petitioner's 2 Motion to Proceed IFP is GRANTED. (cc Michael Farrell)(Dillon, M) |
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Petitioner: Keith Hugh Jensen | |
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Respondent: Robert J. Hernandez | |
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