Ernest DeWayne Jones v. Robert K. Wong

Filing 65

Second EXPARTE APPLICATION for Extension of Time to File SUPPLEMENTAL BRIEF ADDRESSING HIS ENTITLEMENT TO AN EVIDENTIARY HEARING and PROPOSED ORDER filed by Petitioner Ernest DeWayne Jones.(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: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
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 July 18, 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 June 17, 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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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 S. TETEF
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Dated: June 10, 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.

On May 18, 2011, the Court granted petitioner’s request for a 30 day

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extension of time within which to file the supplemental briefing. The supplemental

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brief is currently due on June 17, 2011.

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4.

Since the granting of the extension, counsel for petitioner have continued

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to research and analyze the impact of Cullen v. Pinholster and Harrington v. Richter,

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131 S. Ct. 770 (2011) on California’s post-conviction practice and the interplay of 28

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U.S.C. section 2254(d). Counsel also have begun to research the effect of Pinholster

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on petitioner’s request for an evidentiary hearing on several claims.

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5.

Although I had expected to have our analysis and drafting of the

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supplemental brief completed by this time, unexpected developments have prevented

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us from doing so. Ms. Daniels, who has been petitioner’s counsel for more than ten

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and a half years, and is co-counsel on this case, has tendered her resignation. Since

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submitting her resignation, Ms. Daniels has spent much of her time consulting with her

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case teams about, and finishing up, outstanding tasks on her seven active cases. Ms.

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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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Daniels has over seventeen years experience in capital post-conviction work, and I will

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now have to take on many of the tasks that I would have expected Ms. Daniels to

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undertake in supervising and writing the supplemental brief.

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6.

On June 9, 2011, Ms. Cliona Plunkett, counsel for petitioner, left a

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message for Mr. Herbert Tetef, counsel for respondent, and informed him of the

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substance of this request for additional time, including the proposed due date. In a

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message left on June 10, 2011, Mr. Tetef authorized petitioner’s counsel to represent to

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the Court that he has no objection to this request.

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7.

There has been one prior request 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 July 18, 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 June 10, 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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MICHAEL LAURENCE, State Bar No. 121854
PATRICIA C. 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]

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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.
Michael Martel, Acting Warden of
California State Prison at San Quentin,
Respondent

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[PROPOSED] ORDER GRANTING
PETITIONER’S UNOPPOSED EX
PARTE APPLICATION FOR A 30DAY EXTENSION OF TIME TO
FILE A SUPPLEMENTAL BRIEF
ADDRESSING HIS ENTITLEMENT
TO AN EVIDENTIARY HEARING

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GOOD CAUSE APPEARING, petitioner’s Ex Parte Application For A 30-Day

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Extension Of Time To File A Supplemental Brief Addressing His Entitlement To An

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Evidentiary Hearing is HEREBY GRANTED.

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Supplemental Brief Addressing His Entitlement To An Evidentiary Hearing on or

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before July 18, 2011.

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IT IS SO ORDERED

Petitioner is ordered to file a

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Dated: _________________
CORMAC J. CARNEY
United States District Judge
[PROPOSED] ORDER GRANTING PETITIONER’S UNOPPOSED
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