Ernest DeWayne Jones v. Robert K. Wong

Filing 58

First EX PARTE APPLICATION to Exceed Page Limitation Motion For Evidentiary Hearing filed by Petitioner Ernest DeWayne Jones. (Attachments: # 1 Proposed Order Propsed Order Granting Application For Oversized Brief)(Daniels, Patricia)

1 MICHAEL LAURENCE, State Bar No. 121854
PATRICIA DANIELS, State Bar No. 162868
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CLIONA PLUNKETT, State Bar No. 256648
3 HABEAS CORPUS RESOURCE CENTER
303 Second Street, Suite 400 South
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San Francisco, California 94107
5 Telephone: [phone]
Facsimile: [phone]
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Email:
[e-mail]
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[e-mail]
[e-mail]
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[e-mail]
9 Attorneys for Petitioner ERNEST DEWAYNE JONES
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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL OF CALIFORNIA, SOUTHERN DIVISION

13 ERNEST DEWAYNE JONES,
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Petitioner,
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Case No. CV-09-2158-CJC

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PETITIONER’S EX PARTE
APPLICATION TO FILE OVERSIZE
MOTION FOR AN EVIDENTIARY
HEARING

v.

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Vincent Cullen, Warden of California
State Prison at San Quentin,
Respondent.

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DEATH PENALTY CASE

No Hearing Date Requested

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Pursuant to Local Rule 7-19 and 11-6, petitioner, through his counsel,

23 hereby requests permission to file Petitioner’s Motion for An Evidentiary Hearing
24 in excess of 25 pages.
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The basis for this request is set forth in the attached Declaration of Michael

26 Laurence.

Petitioner has advised counsel for respondent of this request, and

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EX PARTE APP TO FILE OVERSIZE MOTION
FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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1 counsel does not oppose this application. The contact information for counsel for
2 respondent is as follows:
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HERBERT S. TETEF
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

9 Dated: February 17, 2011
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Respectfully submitted,
HABEAS CORPUS RESOURCE CENTER

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/s/ Michael Laurence

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By: Michael Laurence

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Attorneys for Ernest Dewayne Jones

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EX PARTE APP TO FILE OVERSIZE MOTION
FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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DECLARATION OF MICHAEL LAURENCE

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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

4 and before this Court. I am the Executive Director of the Habeas Corpus Resource
5 Center. I was appointed as lead counsel for petitioner Ernest DeWayne Jones in
6 the above-referenced matter by this Court in an order dated April 14, 2009.
2.
Pursuant to the parties’ stipulated briefing schedule, which was
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8 adopted by the Court in an order dated July 12, 2010, and extensions of time
9 granted by this Court, petitioner is to file his Motion For An Evidentiary Hearing
10 on February 17, 2010.
3.
Petitioner seeks permission to file a pleading that is in excess of 25
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12 pages. The length of petitioner’s Motion For Evidentiary Hearing is attributable to
13 three factors, all of which are out of petitioner’s control: (1) Local Rule 83-17.7(g)
14 requires that petitioner “include a specification of the factual issues and the legal
15 reasoning that require a hearing and a summary of the evidence of each claim the
16 movant proposes to offer at the hearing”; (2) the failure of the California Supreme
17 Court to afford petitioner a hearing on any of his claims; and, (3) respondent’s
18 failure to narrow the facts that are in dispute.
4.
On February 16, 2011, Ms. Patricia Daniels, counsel for petitioner,
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20 spoke to Herbert Tetef, counsel for respondent, and informed him of the substance
21 of this request. Mr. Tetef authorized petitioner’s counsel to represent to the Court
22 that he has no objection to this application.
5.
I therefore respectfully request permission to file the accompanying
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24 oversized Motion For Evidentiary Hearing.
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EX PARTE APP TO FILE OVERSIZE MOTION
FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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I declare under penalty of perjury under the laws of the United States

2 and the State of California that the foregoing is true and correct and that this
3 declaration was executed on February 17, 2011.
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/s/ Michael Laurence

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Michael Laurence

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EX PARTE APP TO FILE OVERSIZE MOTION
FOR EVIDENTIARY HEARING
CV-09-2158-CJC
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