Williams v. Wong

Filing 41

ORDER GRANTING Abeyance Pending Exhaustion of State Court Remedies 30 , signed by Judge Oliver W. Wanger on 7/13/10: Status of state claims due every six months, beginning September 1, 2010. (Hellings, J)

(DP) Williams v. Wong

Doc. 41

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1DANIEL J. BRODERICK, #89424 Federal Defender HARRY SIMON, Bar #133112 Assistant Federal Public Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: [phone] Email: [e-mail] TIMOTHY JOSEPH BROSNAN, Bar #75938 1116 Guerrero Street San Francisco , CA 94110 [phone] Email: [e-mail] Attorneys for Petitioner, BOB RUSSELL WILLIAMS, JR. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BOB RUSSELL WILLIAMS, JR.,

) ) Petitioner, ) ) v. ) ) VINCENT CULLEN, as Warden of San ) Quentin State Prison, ) ) Respondent. ) _____________________________________ )

CASE NO. 1:09-CV-1068-OWW DEATH PENALTY CASE ORDER GRANTING ABEYANCE PENDING EXHAUSTION OF STATE COURT REMEDIES

Petitioner Bob Russell Williams, Jr. ("Williams") is a prisoner under sentence of death by the Kern County Superior Court. On December 28, 2006, the California Supreme Court issued its decision in Williams' direct appeal affirming his convictions and death sentence. People v. Williams, 40 Cal.4th 287 (2006). On May 31, 2007, Williams filed a Petition for Writ of Certiorari to the California Supreme Court in the United States Supreme Court. The United States Supreme Court denied certiorari on October 1, 2007. Williams v. California, 552 U.S. 874 (2007).

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Dockets.Justia.com

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On September 19, 2005, Williams filed a Petition for Writ of Habeas Corpus with the California Supreme Court, In re Williams, Case No. S137389. On June 10, 2009, the California Supreme Court issued an order denying this petition. The California Supreme Court denied all of Williams' claims on the merits. The state court denied none of Williams' claims as untimely, although Claim 1 was barred, except insofar as it raises ineffective assistance of counsel, because it was raised and rejected on appeal. On June 17, 2009, Williams filed a motion for appointment of counsel with this Court. (Doc. 2). On July 13, 2009, this Court appointed Assistant Federal Defender Harry Simon and Tim Brosnan as counsel. (Doc. 9). On June 9, 2010, pursuant to this Court's scheduling order of November 4, 2009 (Doc. 26), Williams filed a state petition for writ of habeas corpus in In Re Williams, California Supreme Court Case No. S183405, and his federal petition for writ of habeas corpus. (Doc. 29). On that same date, Williams filed a Motion to Hold Federal Proceedings in Abeyance While State Proceedings Are Pending. (Doc. 30). On June 22, 2010, Respondent Warden Vincent Cullen, as Warden of San Quentin State Prison (the "Warden") filed his Opposition to Williams' abeyance motion. (Doc. 33). On June 24, 2010, Williams filed his Reply in Support of his abeyance motion. (Doc. 35). On July 8, 2010, Williams file a Request for Leave to Submit Supplemental Authorities in support of his abeyance motion. (Doc. 38). On July 12, 2010, this Court held a hearing on Williams' abeyance motion. Based upon the pleadings discussed above and the arguments of counsel, the Court now rules as follows: 1. Williams' Request for Leave to Submit Supplemental Authorities in Support of Motion to Hold

Federal Proceedings in Abeyance (Doc. 38) is GRANTED. 2. Williams' Motion to Hold Federal Proceedings in Abeyance While State Proceedings Are

Pending (Doc. 30) is GRANTED. The Court finds that abeyance is appropriate under Rhines v. Weber, 544 U.S. 269 (2005). 3. Williams is directed to pursue his state court claims with due dispatch. While state proceedings

remain pending, Williams shall prepare and file status reports notifying this Court of the status of his state claims every six months, beginning September 1, 2010, and shall immediately notify the Court when state proceedings have been resolved. /// 2

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IT IS SO ORDERED. Dated: July 13, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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