Craven v. Robertson

Background

This federal habeas action had been stayed and administratively closed since May 6, 2021. The stay was lifted on February 23, 2022. Craven had previously asked to add two cell-phone videos and a surveillance video admitted at his state criminal trial to the federal record. The court initially denied that request because federal habeas review is generally limited to the record before the state court that decided the claim, and because the California Court of Appeal had described the video evidence in its decision.

The court later granted reconsideration after Craven argued that the California Court of Appeal had the video exhibits when it reviewed his case and later returned them to the Alameda County Superior Court. The court vacated its earlier order and allowed Craven to add the exhibits by filing copies himself. Craven did not file the exhibits by the original deadline. He later learned that his former counsel had not submitted them, and he then filed a re-filed motion seeking permission to add People’s Trial Exhibits 9 and 11. Craven was representing himself after his counsel withdrew at his request. Robertson did not object.

Ruling

The court granted Craven’s re-filed motion to augment, or add to, the record with People’s Exhibits 9 and 11. It also granted Craven’s motion requesting a ruling on the re-filed motion. The court allowed Craven until January 31, 2024, to file copies of the video exhibits used at his trial and transmitted to the California Court of Appeal for consideration in his criminal appeal.

Because the court needed to wait for that filing deadline, it also extended the deadline for Craven’s second supplemental traverse, meaning his filing addressing the relevance of any newly filed video exhibits to his claims. That filing was also due January 31, 2024, and the court stated that the deadline would not be extended further. Judge Susan Illston did not decide the underlying habeas claims in this order.