Christian v. Bissen, et al
Case Number: 1:2004cv00743
Filed: December 22, 2004
Court: US District Court for the District of Hawaii
Office: Hawaii Office
Presiding Judge: DAVID ALAN EZRA
Presiding Judge: Leslie E Kobayashi
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 28, 2015 Opinion or Order Filing 406 ORDER DENYING MOTION TO REOPEN HABEAS CORPUS PROCEEDINGS PURSUANT TO RULE 60 re 267 - Signed by JUDGE DAVID ALAN EZRA on 12/28/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic no tifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 24, 2015 Opinion or Order Filing 382 ORDER GRANTING IN PART (1) MOTION TO COMPEL COMPLIANCE WITH THE COURT'S ORDERS AND FOR SANCTIONS; (2) SUPPLEMENTAL MOTION TO COMPEL COMPLIANCE WITH THE COURT'S ORDERS AND FOR SANCTIONS re 364 , 367 - Signed by JUDGE DAVID ALAN EZRA on 3 /24/2015. "For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Petitioner's Motion to Compel Compliance with the Court's Orders for Sanctions and Supplemental Motion to Compel Compliance with the Court's Orders and for Sanctions (Dkts. ## 364, 367). Accordingly, the Court ORDERS that the Respondent produce the aforementioned items no later than April 3, 2015. Additionally, the Court ORDERS the Clerk of the Court to send notice to the MPD, HPD, OFP, and FBI to search for and produce no later than April 3, 2015 all materials, evidence, notes, interview memoranda, latent prints, audio and video recordings, and any other co mmunications in their possession related to the MPD's investigation of Burkhart in connection with the murder of Cabaccang, including evidence related to MPD Detective Gapero's 1996 statements that police had evidence they had arrested the wrong person for the murder of Cabaccang." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address l isted on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. The order was served by first class mail to the fo llowing agencies on March 24, 2015: Maui Police Department at 55 Mahalani St., Wailuku, HI 96793; Honolulu Police Department at Main Police Department, Alapai Police Headquarters, 801 South Beretania St., Honolulu, HI 96813; Federal Bureau of Investigation at 91-1300 Enterprise Street, Kapolei, HI 96707; U.S. Attorney Office through interoffice delivery.
February 10, 2011 Opinion or Order Filing 250 ORDER GRANTING MOTIONS TO WITHDRAW AS COUNSEL 225 . excerpt of order: ~ Plaintiff is ordered to provide the Clerk's Office with his mailing address, e-mail address, and telephone number by March 23, 2011 and to promptly notify the Clerk's Office of any changes to his contact information in the future. ~ Signed by JUDGE LESLIE E. KOBAYASHI on 2/9/2011. [Order follows hearing held 2/02/2011; minutes: doc no. 246 . Order grants Mark Barrett, Esq.s Motion to Withdraw as Counsel for Petitioner (doc 225 ) and Keith Shigetomi, Esq.s oral Motion to Withdraw as Counsel for Petitioner.] (afc) CERTIFICATE OF SERVICEParticipants re gistered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 8, 2011 Opinion or Order Filing 248 ORDER GRANTING PETITIONER'S MOTION FOR ORDER REGARDING DISPOSITION OF DISCOVERY MATERIAL 224 . Signed by JUDGE LESLIE E. KOBAYASHI on 2/8/2011. [Order follows hearing held 02/02/2011 on Motion 224 . Minutes: docket entry no. [2 46] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). P articipants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. A copy of the order has also been served on February 8, 2011 by first class mail addressed to petitioner TARYN CHRISTIAN/Halawa Correctional Facility/Module B1/99-902 Moanalua Road/Aiea HI. 96701.
March 22, 2010 Opinion or Order Filing 216 FINDINGS AND RECOMMENDATION TO DENY RESPONDENTS' MOTION TO REVOKE BAIL 204 . Signed by JUDGE LESLIE E KOBAYASHI on 3/22/2010. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notificati ons received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Keith S. Shigetomi, as a Participant not registered to receive electronic notifications, will be served by first class mail on March 23, 2010. F&R and Proposed Order to Chambers of Judge David Alan Ezra via Orders-e-mail Box ezra_orders@hid.uscourts.gov
September 30, 2008 Opinion or Order Filing 153 ORDER ADOPTING IN PART AND MODIFYING IN PART 146 THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART THE PETITION FOR WRIT OF HABEAS CORPUS; AND ORDER DENYING RESPONDENT'S AND PETITIONER'S OBJECTIO NS TO PORTIONS OF MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS. ~ This Court previously ADOPTED the F&R with respect to allowing Petitioner to choose between dismissal of the entire petition or amending the petition to delete two unexhau sted claims. (Doc. # 151 .) Petitioner amended the petition. This Court now ADOPTS in PART the remainder of the F&R and MODIFIES it in PART. The F&R is modified only with respect to the basis for denying the portion of Ground Three that was based on handwriting and stereo equipment claims. This Court MODIFIES that portion to hold that the handwriting and stereo equipment claims were based upon both the theft conviction and the murder conviction. As such, this Court has habeas jurisdiction to co nsider such claims. Nevertheless, these claims fail because Petitioner has not met his burden of providing evidence that his counsel's assistance fell below the objective standard of reasonableness or that he suffered prejudice. This Court there fore, DENIES the Petition with respect to Grounds One, Three, Four, Five, Six, Seven, and Nine. This Court GRANTS the Petition on Ground Two. This Court ORDERS Respondent to release Petitioner within seven days after the judgment in the instant case is filed, subject to appropriate release conditions, unless the State elects to retry Petitioner; and ORDERS Respondent to report to this Court, within ten days after the judgment in the instant case is filed, whether Petitioner was released or will be retried ~ Signed by JUDGE DAVID ALAN EZRA on 9/30/2008. [Respondent's Objections: 148 . Petitioner's Objections: 149 . Related: Order Adopting F&R filed 9/25/2008: 151 ; Petition 1 ; Amended Petition: 152]] (afc)
September 25, 2008 Opinion or Order Filing 151 ORDER ADOPTING THE MAGISTRATE'S FINDINGS AND RECOMMENDATION TO ALLOW PETITIONER TO CHOOSE BETWEEN DISMISSAL OF THE ENTIRE PETITION OR AMENDING THE PETITION TO DELETE THE TWO UNEXHAUSTED CLAIMS. Signed by JUDGE DAVID ALAN EZRA on 9/25/2008. < /b> adopting 146 . [Court gives Petitioner the opportunity to amend his Petition to remove the unexhausted claims of Ground Eight and the Closing Claim of Ground Three. Petitioner may not add claims or facts to t he petition, Petitioner may only delete the unexhausted claims. Petitioner must file an Amended Petition on or before 9:00 a.m. on September 30, 2008. Assuming Petitioner files an Amended Petition in a timely fashion as directed, Respondents may stan d on their previous response and may not file any further response. If Petitioner files a timely Amended Petition, this Court will rule on the cross-objections that have been filed to the F&R. If Petitioner fails to file an Amended Petition as directed herein by the date and time set, the Petition will be dismissed without prejudice. No additional briefing will be permitted.] (afc)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System

Search for this case: Christian v. Bissen, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?