Ernest DeWayne Jones v. Robert K. Wong

Filing 110

ORDER AMENDING BRIEFING SCHEDULE AND SETTING HEARING ON CLAIM 27 by Judge Cormac J. Carney: Accordingly, the briefing schedule on Claim 27 is hereby amended as follows: 3. The hearing on Claim 27 is scheduled for August 4, 2014 at 11 a.m. (see document for complete details) (Attachments: # 1 Supplement) (mu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Petitioner,
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vs.
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KEVIN CHAPPELL, Warden of
California State Prison at San Quentin, )
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Respondent.
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ERNEST DEWAYNE JONES,

Case No.: CV 09-02158-CJC

ORDER AMENDING BRIEFING
SCHEDULE AND SETTING
HEARING ON CLAIM 27

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The Court is in receipt of the parties’ opening briefs regarding Claim 27 in

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Petitioner’s First Amended Petition for Writ of Habeas Corpus. Having reviewed

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Petitioner’s brief, as well as Respondent’s 8-page brief, the Court no longer believes that

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an extended briefing schedule on this matter is necessary. Accordingly, the briefing

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schedule on Claim 27 is hereby amended as follows:

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1. The parties’ simultaneous responsive briefs shall be filed by July 3, 2014;

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2. The parties’ simultaneous reply briefs shall be filed by July 18, 2014; and

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3. The hearing on Claim 27 is scheduled for August 4, 2014 at 11 a.m.

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Attached to this Order is a chart of the case status of 496 individuals sentenced to

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death in California between 1978 and 1997. The chart is a compilation of publicly

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available information from the court dockets of the four federal judicial districts in

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California, the public docket of the California Supreme Court, and the California

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Department of Corrections and Rehabilitation’s (“CDCR”) list of condemned inmates.1

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The chart strongly suggests that executing those essentially random few who outlive the

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dysfunctional post-conviction review process serves no penological purpose and is

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arbitrary in violation of well-established constitutional principles. The parties are

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encouraged to address the chart and the troubling issues it raises in their responsive

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briefs.

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DATED:

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June 11, 2014

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_________________________________

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CORMAC J. CARNEY

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UNITED STATES DISTRICT JUDGE

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The CDCR’s list is available at
http://www.cdcr.ca.gov/capital_punishment/docs/condemnedinmatelistsecure.pdf. A summary
of the CDCR list is available at
http://www.cdcr.ca.gov/Capital_Punishment/docs/CondemnedInmateSummary.pdf. Finally, the
CDCR’s list of Death Row inmates that have died on Death Row since 1978 is available at
http://www.cdcr.ca.gov/Capital_Punishment/docs/CONDEMNEDINMATESWHOHAVEDIED
SINCE1978.pdf.
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