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Lozano v. Legeand

United States District Court, D. Nevada

October 25, 2019

PASQUAL LOZANO, Petitioner,
v.
ROBERT LEGRAND, et al., Respondents.

          ORDER

          MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE.

         The transcripts of two days of Petitioner's second trial, on August 30 and 31, 2006, have errors. Respondents need to determine whether they can obtain corrected transcripts for those days.

         I. TRANSCRIPT OF AUGUST 30, 2006

         In the transcript of proceedings for August 30, 2006, Ex. 143 (ECF No. 47-9), the testimonies of witnesses are mixed up. The following is how the testimonies and some discussions among court and counsel appear in the transcript:

ECF No. 47-9 at 18-79: Direct examination of Darrian Moten.[1]
ECF No. 47-9 at 79: The court stops the direct examination of Moten for lunch. Chief Deputy District Attorney Vicki Monroe does not state that she has finished her direct examination of Moten.
ECF No. 47-9 at 79-112: Proceedings out of the jury's presence.
ECF No. 47-9 at 82: The transcript notes a lunch recess.
ECF No. 47-9 at 112: The transcript notes a brief recess.
ECF No. 47-9 at 112-13: Special Public Defender Bret Whipple has a brief “Cross-examination” of Moten about immunity from prosecution in this case. Nowhere in the pages 79-112 had Monroe stated that she had finished her direct examination of Moten.
ECF No. 47-9 at 113-14: Monroe has a brief “Redirect examination” of Moten.
ECF No. 47-9 at 114: The court excuses Moten.
ECF No. 47-9 at 114-38: The complete testimony of Las Vegas Metropolitan Police Officer Eric Grimmesey.
ECF No. 47-9 at 139-43: Direct examination of North Las Vegas Police Officer Gerald Heredia, who took photographs of one of the shooting victims in this case and ...

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