Ernest DeWayne Jones v. Robert K. Wong
Filing
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First EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Motion for Evidentiary Hearing filed by Petitioner Ernest DeWayne Jones. (Attachments: # 1 Proposed Order Granting Extension of Time to File Motion for Evidentiary Hearing)(Laurence, Michael)
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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: (415) 348-3800
Facsimile: (415) 348-3873
Email: docketing@hcrc.ca.gov
mlaurence@hcrc.ca.gov
Attorneys for Petitioner ERNEST DEWAYNE JONES
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UNITED STATES DISTRICT COURT
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FOR 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.
PETITIONER’S UNOPPOSED EX
PARTE APPLICATION FOR A 60DAY EXTENSION OF TIME TO
FILE HIS MOTION FOR
EVIDENTIARY HEARING;
DECLARATION OF MICHAEL
LAURENCE
Vincent Cullen, Acting Warden of
California State Prison at San Quentin,
Respondent
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Pursuant to Rule 7-19 of the Local Rules for the United States District Court for
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the Central District of California, petitioner Ernest Dewayne Jones hereby applies for
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an order granting a 60-day extension of time, to an including January 4, 2011, to file
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his Motion for Evidentiary Hearing. The Motion for Evidentiary hearing is currently
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due to be filed November 5, 2010.
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The basis for this request is set forth in the attached Declaration of Michael
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Laurence. Petitioner has advised counsel for respondent of this request, and counsel
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does not oppose this application. The contact information for counsel for respondent is
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as follows:
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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 60-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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HERBERT S. TETEF
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90012
Telephone: (213) 897-0201
Facsimile: (213) 897-6496
Email: DocketingLAAWT@doj.ca.gov
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Dated: November 1, 2010
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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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 60-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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DECLARATION OF MICHAEL LAURENCE IN SUPPORT OF
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PETITIONER’S EX PARTE APPLICATION FOR A 60-DAY EXTENSION OF
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TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
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I, Michael Laurence, declare as follows:
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1.
I am an attorney at law admitted to practice by the State of California and
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before this Court. I am the Executive Director of the Habeas Corpus Resource Center.
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I was appointed as lead counsel for petitioner Ernest DeWayne Jones in the above-
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referenced matter by this Court in an order dated April 14, 2009.
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2.
On March 10, 2010, petitioner filed a Petition for Writ of Habeas Corpus
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by a Prisoner in State Custody (28 U.S.C. § 2254). Respondent filed an Answer to
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Petition for Writ of Habeas Corpus on April 6, 2010.
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3.
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April 12, 2010.
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4.
The parties submitted a joint briefing schedule that this Court adopted on
On July 7, 2010, the parties submitted a joint stipulation regarding
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discovery and a proposed briefing schedule in which the parties agreed to adhere to the
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briefing schedule outlined in the April 8, 2010 joint stipulation. This Court adopted
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the stipulation of the parties by order dated July 12, 2010.
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5.
In accordance with the Joint Briefing Schedule, petitioner’s Motion for
Evidentiary Hearing is due on November 5, 2010.
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I will be unable to file petitioner’s Motion for Evidentiary Hearing by
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November 5, 2010. Petitioner’s motion requires extensive and time consuming factual
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research and wide-ranging investigation encompassing every factual allegation in the
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Petition because respondent apparently will deny all facts raised in the Petition.
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7.
Our ability to file the motion on November 5, 2010, has also been
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adversely affected by unforeseen events in other capital cases. At the time that the
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parties agreed to the timeline set forth in the Joint Briefing Schedule, the California
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Department of Corrections and Rehabilitation (CDCR) did not have regulations in
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effect to govern lethal injection executions. Moreover, my expectations were that
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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 60-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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executions would not be scheduled prior to termination of then pending litigation in the
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federal district court and anticipated litigation in the state court concerning any
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regulations the CDCR adopted.
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intention to seek immediate executions in several cases, including one case in which
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the HCRC was appointed counsel and for which I am the supervisor. In addition, on
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August 12, 2010, HCRC was appointed by the California Supreme Court to represent
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death row inmate, Stevie Fields, in executive clemency and other post-conviction
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proceedings. At the time we were appointed, Mr. Fields had a hearing to set his
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execution scheduled for August 16, 2010. Although the hearing date was stayed by the
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California Supreme Court after our appointment, as the supervisor on the case I had to
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devote a significant amount of time to overseeing, organizing, and assigning duties and
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responsibilities for various tasks involved with taking on a case of this magnitude at
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such a critical stage in litigation.
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8.
In early August 2010, the State announced its
In addition to preparing the Motion for Evidentiary Hearing in this case, I
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am currently preparing for the final testimony in an evidentiary hearing in Ashmus v.
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Wong, No. 93-CV-00594-TEH, to be held mid-November before the District Court for
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the Northern District of California.
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9.
In my position as Executive Director of HCRC, I have ongoing
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administrative and managerial responsibilities as well as being a supervising attorney
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on several matters before the California Supreme Court. I am the supervising attorney
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on California Supreme Court Case No. S161036 in which a petition for writ of habeas
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corpus is due to be filed December 7, 2010. In the meantime, I am also responsible for
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supervising the filing of an Informal Reply on November 8, 2010 in California
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Supreme Court Case No. S066377.
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10.
On October 26, 2010, Ms. Cliona Plunkett, counsel for petitioner, spoke
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to Herbert Tetef, counsel for respondent, and informed him of the substance of this
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request for additional time, including the proposed due date. Mr. Tetef authorized
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petitioner’s counsel to represent to the Court that he has no objection to this request.
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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 60-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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There have been no prior requests for continuances with respect to the
filing of petitioner’s Motion for Evidentiary Hearing.
The foregoing is true and correct and executed under penalty of perjury under
the laws of the United States on November 1, 2010.
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/s/ Michael Laurence____________
Michael Laurence
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PETITIONER’S UNOPPOSED EX PARTE APPLICATION FOR A 60-DAY
EXTENSION OF TIME TO FILE HIS MOTION FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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