Weaver v. Woodford

Filing 227

ORDER Appointing Substitute Counsel signed by Magistrate Judge Stanley A. Boone on 1/24/2022. Attorney Ann-Kathryn R. Tria, Jonathan Samuel Sweeney, GOVT for Ward Francis Weaver, Jr added. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WARD FRANCES WEAVER, Jr.,

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Petitioner,

App. Ct. Case No. 21-99010
D.C. Case No. 1:02-cv-05583-AWI-SAB
DEATH PENALTY CASE - CLOSED

v.
RON BROOMFIELD, Acting Warden, San
Quentin State Prison,

ORDER APPOINTING SUBSTITUTE
COUNSEL

Respondent.

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This matter, on appeal to the Ninth Circuit Court of Appeals from the judgment entered

18 in this Court on September 20, 2021, is before the Court on the Circuit Court’s November 22,
19 2021 order directing the Court to locate and appoint counsel to replace Karen Schryver and
20 Timothy Foley, who have been relieved as counsel of record. (See ECF No. 225.)
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On November 30, 2021, the Court issued an order referring the case to the Selection

22 Board for the Eastern District of California (hereinafter “Selection Board”) for
23 recommendation of suitable counsel, with consideration to be given the Sacramento Office of
24 the Federal Public Defender. (ECF No. 226.)
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On December 8, 2021, the Selection Board recommended that attorneys Ann-Kathryn

26 R. Tria, CJA Capital Panel Member, and Sam Sweeney, Assistant Federal Defender, be
27 appointed to represent Petitioner.
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The Court will adopt the recommendation of the Selection Board.
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Accordingly,

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1. Ann-Kathryn R. Tria and Sam Sweeney are appointed as co-counsel to represent

3 Petitioner for all purposes in this proceeding. See id.; see also 18 U.S.C. § 3599; Rule 191(c),
4 Local Rules of Practice for the United States District Court, Eastern District of California.
5 Counsel are directed to comply with the e-filing registration requirements of Local Rule 135,
6 as applicable.
2. The Clerk of the Court is directed to file under seal the Selection Board’s December

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8 8, 2021 letter to the Court.
3. The Clerk of the Court is directed to serve copies of this order on: Ann-Kathryn R.

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10 Tria, McBreen & Senior, 1901 Avenue of the Stars, Suite 450, Los Angeles, California 90067,
11 (Ph.) [phone], (Email) [e-mail]; Sam Sweeney, Assistant Federal
12 Defender, 801 I Street, 3rd Floor, Sacramento, CA 95814, (Ph) [phone], (Email)
13 [e-mail]; Ward Francis Weaver, Jr., C39361, C.S.P. San Quentin, San
14 Quentin, CA 94974; Ron Broomfield, Warden of San Quentin State Prison, San Quentin, CA
15 94964; Amanda Diane Cary, Deputy Attorney General, 2550 Mariposa Mall Ste 5090,
16 Fresno, CA 93721, (Ph) 559-705-2305, (Email) [e-mail]; Clerk’s Office,
17 Ninth Circuit Court of Appeals, (Email) [e-mail]; Connie
18 Garcia, CJA Administrator, Office of the Federal Defender, 2300 Tulare Street, Suite 330,
19 Fresno, CA 93721, (Ph.) 559-487-5561, (Email) [e-mail]; and David Harshaw,
20 Assistant Federal Defender, 801 I Street, Third Floor, Sacramento, CA 95814, (Ph.) 916-49821 6666, (Email) [e-mail].
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IT IS SO ORDERED.

24 Dated:

January 24, 2022
UNITED STATES MAGISTRATE JUDGE

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