Ernest DeWayne Jones v. Robert K. Wong

Filing 15

CONFIDENTIAL CASE EVALUATION FORM filed by Respondent Robert K. Wong (Tetef, Herbert)

The Guide to Case Management and Budgeting in Capital Habeas Cases
Appendix B
CONFIDENTIAL CASE EVALUATION FORM
The answers to these questions are for case management and budgeting purposes only and
will not be binding in any respect on substantive issues to be raised in the course of litigation.
NAME OF ATTORNEY(S)
Lead Counsel: Herbert S. Tetef, Counsel for Respondent
Co-Counsel:
(See rate justification worksheet for co-counsel)

STATE LEVEL PROCEEDINGS
1. Did (or does) either lawyer represent the petitioner during any part of the state proceedings?
$
G No -- proceed to question 2.

G Yes (indicate which lawyer)
If yes, in what aspects of the case?

2. Has a state post-conviction proceeding (including a unified appeals/post-conviction
proceeding) involving the same judgment and sentence been filed?
$
G Yes

G No

Date: 10-21-2002, 10-16-2007

Court: California Supreme Court

3. Were funds allocated at the state level for state post-conviction investigation?
$
G Yes

G No

Purpose:
Respondent believes, but is not certain, that the state court may have allocated funds
for Petitioner to investigate claims related to his habeas petition.
Amount Requested: Unknown

Amount Authorized: Unknown
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4. Was discovery requested at the state level?

G Yes
$

G No

Nature of Discovery Requested: L.A. Cnty D.A.'s file and all physical evidence in P's case
$
Was it G Granted or G Denied? Respondent believes, but is not certain, that
discovery was granted in the Superior Court.
5. Was an evidentiary hearing held at the state level?

G Yes

$
G No

STATUTE OF LIMITATIONS
Based on current information, what is the date required by the statute of limitations for filing
of the petition? March 11, 2010
THE RECORD
1. Has the complete record been assembled?
$
G Yes

G No

If No, location of state post-conviction record:
2. Have the files of all prior counsel been obtained? Unknown

G Yes

G No

3. As accurately as possible (recognizing that it may be an estimate at this point), provide
information about the size of the record:
Type of Record
Trial transcript and exhibits:
State appellate pleadings and briefs:
Transcript of penalty phase if guilty plea entered:
State post-conviction record:
(including transcripts, pleadings, motions and exhibits)
Ancillary files and records:
(including prior counsel’s case files, co-defendant files,
investigative reports, etc.)
Total Pages

No. of Pages
11,600
500
4,200

16,300

Please enter your estimate of the time required to review the record on the “Phase I and II
Case Management Plan and Budget Form”.
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FACTORS AFFECTING CASE COMPLEXITY
Complete all the factors applicable to this case and provide information that will allow
determination of whether the case may be especially complex or costly:
Age of the defendant:
Co-defendants:
Number:

44

0

Number of victims:

1

Related cases.
Summarize: None known
Prior convictions.
Number and type: See below***
Elapsed time since offense: 17 years
Elapsed time since trial: 14 years
Informant involved.
Number, type and availability of informant(s):
None
Serial homicides.
Number of different offenses at separate locations: None
Number of death eligibility circumstances alleged: Three
List: (1) murder committed during burglary; (2) murder committed during rape;
and (3) murder committed during robbery

Other crimes charged.
List: first degree residential burglary, forcible rape, first degree residential
robbery
_____________________________________
***Prior convictions - first degree burglary, assault with a deadly weapon,
rape, sodomy, and residential burglary (all arising from single incident).

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Unadjudicated criminal conduct.
Type and location:
Unknown
Defendant spent an extended time out of state or country
Location:
Unknown
Defendant’s family presently out of state or country
Location:
Unknown

Witnesses or other investigation will require travel
Unknown
Defendant’s and/or family’s background records were not obtained in state proceedings
Some of the exhibits to Petitioner's state habeas petition concerned Petitioner's
and his family's background. Some trial testimony also related to these issues.
There are issues as to competency/mental illness/or other disabilities
Explain impact on legal issues:
At trial, a psychiatrist testified that Petitioner suffered from schizophrenia. In his
state habeas petition, Petitioner contended that he was mentally ill when he
committed his crimes and was incompetent to stand trial.
Explain impact on client relations:
Unknown
Use of drugs or alcohol at time of offense
Petitioner testified at trial that he smoked cocaine and marijuana and drank
alcohol on the day of the offense.
Defendant suffered physical/mental abuse as a child
At trial, evidence was offered that Petitioner suffered physical and mental abuse
as a child. In his state habeas petition, Petitioner also offered evidence of
physical and mental abuse as a child.
Translator required for defendant
No.
Translator required for witnesses
Number of witness and types:
None that Respondent is aware of.

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Scientific procedures will be required
Type:
Unknown

No investigation at the state level
Investigation was conducted at the state level.
No evidentiary hearing at the state level
There was no evidentiary hearing at the state level.
Other issues (Describe):

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