Ernest DeWayne Jones v. Robert K. Wong

Filing 104

ORDER by Judge Cormac J. Carney: Directing Petitioner to File Amendment to Petition. See document for further details. (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ERNEST DEWAYNE JONES,

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Petitioner,

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v.

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KEVIN CAPPELL, Warden
of California State
Prison at San Quentin,
Respondent.

CASE NO. CV 09-02158 CJC

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DEATH PENALTY CASE
ORDER DIRECTING
PETITIONER TO FILE
AMENDMENT TO PETITION

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This Court believes petitioner may have a viable claim

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for habeas relief based on the long delay in the execution

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of his death sentence as a result of the extremely

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protracted nature of post-conviction proceedings in state

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and federal court in his case, coupled with the grave

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uncertainty of not knowing whether his execution will

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ever, in fact, be carried out.

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Fierro, 519 U.S. 918, 918-19 (1996) (Stevens, J.,

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dissenting); Ceja v. Stewart, 134 F.3d 1368, 1369-78 (9th

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Cir.) (Fletcher, J., dissenting), cert. denied, 522 U.S.

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1085 (1998).
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See, e.g., Gomez v.

THEREFORE, THE COURT ORDERS:

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1.

Within 14 days of the filing date of this Order,

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petitioner shall serve and file an amendment to his

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operative petition for writ of habeas corpus alleging s

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claim that the long delay in execution of sentence in his

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case, coupled with the grave uncertainty of not knowing

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whether his execution will ever, in fact, be carried out,

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renders his death sentence unconstitutional.

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2.

In the briefing contemplated by this Court’s Order of

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April 10, 2014, the parties shall address, in addition to

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the issues raised in that order, whether petitioner’s new

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claim states a viable basis for granting habeas corpus

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relief.

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IT IS SO ORDERED.

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Dated: April 14, 2014.
___________________________
Cormac J. Carney
UNITED STATES DISTRICT JUDGE

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