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In this case, which is related to the automatic appeal in People v. Rogers (2006) 39 Cal.4th 826, the court issued an order to show cause limited to claims of newly discovered evidence and use of false evidence, the prosecution's failure to disclose exculpatory evidence, ineffective assistance of counsel, and cumulative penalty phase error. (In re Rogers on Habeas, OSC issued 12/19/07 (S084292).)

On June 24, 2009, the Supreme Court ordered the Kern County Presiding Justice to select a judge to sit as a referee to take evidence and make findings of fact on a number of questions regarding the case. The referee was ordered to prepare and submit a report for the court. (In re Rogers on Habeas (June 24, 2009, S084292). On July 15, 2009, the Supreme Court appointed a referee. (In re Rogers on Habeas (July 15, 2009, S084292).

Updated: 10/22/2012

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