Ernest DeWayne Jones v. Robert K. Wong
Filing
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First EXPARTE APPLICATION for Extension of Time to File Supplemental Brief Addressing Petitioner's Entitlement To An Evidentiary Hearing filed by Petitioner Ernest DeWayne Jones. (Attachments: # 1 Proposed Order Proposed Order)(Daniels, Patricia)
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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 30DAY EXTENSION OF TIME TO
FILE A SUPPLEMENTAL BRIEF
ADDRESSING HIS ENTITLEMENT
TO AN EVIDENTIARY HEARING
Michael Martel, 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 30-day extension of time, to an including June 17, 2011, to file a
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supplemental brief addressing his entitlement to an evidentiary hearing in view of the
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Supreme Court’s holding in Cullen v. Pinholster, 131 S. Ct. 1388 (2011). The brief is
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currently due to be filed May 18, 2011.
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Petitioner has advised counsel for respondent of this request, and counsel does
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not oppose this application. The contact information for counsel for respondent is as
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follows:
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HERBERT S. TETEF
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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE A SUPPLEMENTAL BRIEF ADDRESSING HIS
ENTITLEMENT TO AN EVIDENTIARY HEARING
CV-09-2158-CJC
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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
Dated: May 17, 2011
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 EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE A SUPPLEMENTAL BRIEF ADDRESSING HIS
ENTITLEMENT TO AN 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 30-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 April 6, 2011, this Court issued an order vacating the briefing
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schedule previously adopted by the Court and ordered Petitioner to file a supplemental
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brief on or before May 18, 2011, addressing his entitlement to an evidentiary hearing
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in view of the Supreme Court’s holding in Cullen v. Pinholster, 131 S. Ct. 1388
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(2011).
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3.
Since this Court’s order, counsel for petitioner have diligently reviewed
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Cullen v. Pinholster and Harrington v. Richter, 131 S. Ct. 770 (2011). In addition,
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counsel have researched and begun to analyze the implications these recent Supreme
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Court decisions have on California’s post-conviction practice and the interplay of 28
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U.S.C. section 2254(d). However, the legal issues presented are complex and I am
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requesting additional time to assess and research the effect of Pinholster on the petition
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filed in this case and petitioner’s request for an evidentiary hearing on several claims.
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4.
I have been unable to undertake the additional research required because
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of conflicting commitments in other capital cases. On May 16, 2011, I supervised the
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filing of an extensive Post Hearing Brief in Ashmus v. Martel, Case No. 93-CV-00594-
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TEH (N.D. Cal.). My administrative duties as executive director are ongoing and
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much of my attention also has been focused on addressing budget issues in light of
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impending budget cuts.
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5.
On May 16, 2011, Ms. Cliona Plunkett, counsel for petitioner, spoke to
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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE A SUPPLEMENTAL BRIEF ADDRESSING HIS
ENTITLEMENT TO AN EVIDENTIARY HEARING
CV-09-2158-CJC
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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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6.
There have been no prior requests for a continuance with respect to the
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filing of petitioner’s supplemental briefing. I anticipate that the brief will be filed on
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or before June 17, 2011.
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The foregoing is true and correct and executed under penalty of perjury under
the laws of the United States on May 17, 2011.
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/s/ Michael Laurence____________
Michael Laurence
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PETITIONER’S EX PARTE APPLICATION FOR A 30-DAY EXTENSION
OF TIME TO FILE A SUPPLEMENTAL BRIEF ADDRESSING HIS
ENTITLEMENT TO AN EVIDENTIARY HEARING
CV-09-2158-CJC
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