Duran v. Cate

Petitioner: Joseph Alfonso Duran
Respondent: M S Evans
Case Number: 3:2008cv00430
Filed: March 26, 2008
Court: California Southern District Court
Office: San Diego Office
County: Monterey
Referring Judge: Ruben B. Brooks
Presiding Judge: William Q. Hayes
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
April 21, 2015 125 Opinion or Order of the Court ORDER: The Report and Recommendation (Doc. 118 ) is adopted in its entirety. The Amended Petition for Writ of Habeas Corpus (Doc. 15 ) is denied. Petitioner's request for an evidentiary hearing is denied. A certificate of appealability is granted. Signed by Judge William Q. Hayes on 4/21/2015. (mdc)
March 9, 2011 53 Opinion or Order of the Court ORDER: The (Doc. 48 ) Report and Recommendation is adopted in its entirety. The (Doc. 15 ) First Amended Petition for Writ of Habeas Corpus is conditionally granted as to the claim that Petitioner did not knowingly and voluntarily waive his right t o counsel under the Sixth Amendment and Faretta. No later than 60 days from the date this Order is filed, Respondent shall dismiss the charges against Petitioner and release Petitioner from custody, or initiate proceedings to retry Petitioner. The First Amended Petition is denied as to all remaining claims. Petitioner's request for an evidentiary hearing is denied. A certificate of appealability is granted as to each of the denied claims in grounds one, two and three of the First Amended Petition. No later than 60 days from the date this Order is filed, Respondent shall file a status report. Signed by Judge William Q. Hayes on 3/9/2011. (All non-registered users served via U.S. Mail Service.) (mdc)
March 26, 2008 8 Opinion or Order of the Court ORDER Granting Application To Proceed In Forma Pauperis (Re 7). Signed by Judge William Q. Hayes on 3/26/08. (mdc)

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Petitioner: Joseph Alfonso Duran
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Respondent: M S Evans
Represented By: Attorney General
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