Sanchez v. Phiffer
Fabian Sanchez |
Christain Phiffer |
2:2017cv00080 |
January 12, 2017 |
US District Court for the Eastern District of California |
Sacramento Office |
Kern |
Gregory G. Hollows |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 26 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/4/2019 VACATING the 3/14/2019 hearing re 20 motion for reconsideration. The petition for writ of habeas corpus is GRANTED in part upon the issue of ineffectiveness of counsel during the time frame surrounding the judge encouraged plea bargaining process (Ground 3 of the petition). The court adheres to its order filed on 1/22/2019 in DENYING in part the Petition on grounds of trial counsel conflict of interest (Grounds 1 and 2 of the p etition). The evidentiary hearing is hereby VACATED. No further Motions for Reconsideration will be entertained. Criminal proceedings in the state trial court shall be recommenced within 60 days, or if no such proceedings are commenced, and no extensions of time have been granted, petitioner shall be released from custody. In the event a cross-appeal is undertaken on Grounds 1 and 2, petitioner is given a Certificate of Appealability on Grounds 1 and 2. The Clerk shall enter judgment in favor of petitioner. CASE CLOSED. (Yin, K) |
Filing 18 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/21/2019 ORDERING that Claims 1 and 2 of the petition are DENIED. The undersigned will hold an evidentiary hearing on Claim 3. The Clerk shall serve a copy of this order on the Federal Defender, who shall represent petitioner at the evidentiary hearing, or the Federal Defender shall suggest the appointment of a specific private counsel from the Panel. (cc: Office of Federal Defender) (Zignago, K.) |
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Petitioner: Fabian Sanchez | |
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Respondent: Christain Phiffer | |
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