Ernest DeWayne Jones v. Robert K. Wong

Filing 30

Joint STIPULATION for Order Re: Briefing Schedule filed by Respondent Robert K. Wong. (Attachments: # 1 Proposed Order)(Tetef, Herbert)

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MICHAEL LAURENCE, State Bar No. 121854
PATRICIA DANIELS, State Bar No. 162868
CLIONA PLUNKETT, State Bar No. 256648
HABEAS CORPUS RESOURCE CENTER
303 Second Street, Suite 400 South
San Francisco, California 94107
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Petitioner ERNEST DEWAYNE JONES
EDMUND G. BROWN JR.
Attorney General of the State of California
DANE R. GILLETTE
Chief Assistant Attorney General
PAMELA C. HAMANAKA
Senior Assistant Attorney General
A. SCOTT HAYWARD
Deputy Attorney General
HERBERT S. TETEF (State Bar No. 185303)
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Respondent ROBERT K. WONG

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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Ernest Dewayne Jones,

Case No. CV-09-2158-CJC

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Petitioner,

DEATH PENALTY CASE

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v.

JOINT STIPULATION RE:
BRIEFING SCHEDULE

Robert K. Wong, Acting Warden of
California State Prison at San Quentin,
Respondent

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JOINT STIPULATION RE: BRIEFING SCHEDULE
CV-09-2158-CJC

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Pursuant to this Court’s March 17, 2010 Order, the parties submit this joint
briefing schedule.

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1.

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On March 10, 2010, Petitioner filed a Petition for Writ of Habeas Corpus by a

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Petition for Writ of Habeas Corpus

Prisoner in State Custody pursuant to 28 U.S.C § 2254.
On March 11, 2010, petitioner filed a Petition for Writ of Habeas Corpus with

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the California Supreme Court that contained identical claims to those filed in the

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federal petition. On March 11, 2010, Petitioner also filed an Application to Defer

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Informal Briefing on the Petition for Writ of Habeas Corpus, requesting the California

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Court to defer any informal briefing, were it to be requested, to permit the parties to

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first resolve any dispute as to whether or not all claims in the federal petition were

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properly exhausted. On March 26, 2010, Respondent filed a Response to Application

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to Defer Informal Briefing on Petition for Writ of Habeas Corpus, stating that he had

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examined the federal petition and determined that all claims therein appeared to be

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exhausted. Accordingly, based on respondent’s concession that the claims contained

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in the federal petition have been fairly presented to the California Supreme Court in

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the direct appeal and the previous petitions for writ of habeas corpus, on April 5, 2010,

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Petitioner requested permission from the California Supreme Court to withdraw the

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state petition filed March 11, 2010.

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2.

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Respondent Wong filed his Answer on April 6, 2010. Respondent has examined

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the Petition and has determined that all claims therein appear to be exhausted.

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Therefore, Respondent did not raise exhaustion as an affirmative defense in its

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Answer.

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3.

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The parties agree that Petitioner will file a Traverse to Respondent’s Answer no

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later than thirty (30) days after the filing of the Answer. Therefore, the Traverse is to

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be filed on or before May 6, 2010. Should Petitioner choose not to file a Traverse, the

Warden’s Answer

Traverse

JOINT STIPULATION RE: BRIEFING SCHEDULE
CV-09-2158-CJC

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parties stipulate that no issues will be deemed waived and may be raised in subsequent

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briefing.

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4.

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Pursuant to this Court’s Civil Minutes dated July 17, 2009, a status conference

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has been set for June 21, 2010 at 3:30 pm. Since the parties have set forth the manner

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in which this case should proceed in the instant Joint Stipulation, the parties agree that

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the status conference set for June 21, 2010, no longer appears to be necessary and

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should be taken off calendar.

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5.

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Status Conference

Discovery

The parties agree to meet and confer regarding discovery prior to the filing of
Petitioner’s Motion for Evidentiary Hearing.

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6.

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The parties agree that Petitioner will file a Motion for Evidentiary Hearing no

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later than one hundred and twenty (120) days after the filing of the Traverse. The

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parties further agree that Respondent’s Opposition to the Motion for Evidentiary

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Hearing will be filed no later than sixty (60) days after the filing of Petitioner’s

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motion. Petitioner’s Reply to Respondent’s Opposition to the Motion for Evidentiary

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hearing will be filed no later than sixty (60) days after the filing of Respondent’s

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Opposition.

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Motion for Evidentiary Hearing

JOINT STIPULATION RE: BRIEFING SCHEDULE
CV-09-2158-CJC

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The parties stipulate that either party may, based on good cause, request to

Further Proceedings

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extend the deadline for filing any of the above referenced pleadings.

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Dated: April 6, 2010

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Respectfully submitted,
HABEAS CORPUS RESOURCE CENTER

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/s/ Michael Laurence
By: Michael Laurence
Attorneys for Ernest Dewayne Jones

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Dated: April 8, 2010

ATTORNEY GENERAL OF THE STATE OF
CALIFORNIA

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/s/ Herbert S. Tetef
By: HERBERT S. TETEF
Deputy Attorney General
Attorneys for Respondent

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JOINT STIPULATION RE: BRIEFING SCHEDULE
CV-09-2158-CJC

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