Author: Federal Public Defender, CDCA

What Is a Material Witness?

Posted on June 9, 2017

A material witness is a person whose testimony is material to a criminal proceeding, and where it appears from an affidavit filed by a party that this person’s presence for testimony cannot be secured by a subpoena. A judge can order the person arrested, but also order that s/he be released from custody if certain conditions are met. 18 USC section 3144...

What Happens After the 2254 Petition Is Filed?

Posted on June 9, 2017

If you file a 2254 petition in the Central District of California, it is assigned to both a magistrate judge and a district court judge. The magistrate judge is responsible for the preliminary litigation. Because the magistrate judge does not have the legal authority to issue a final order, the magistrate judge will issue a report and recommendation to the district court judge. The district court judge can either adopt the magistrate judge’s recommendation or issue his or her own order...