Estrada v. Biter

Filing 77

ORDER Granting Petititioner's Ex Parte Application for Authority to Subpoena Witnesses and have U.S. Marshal Pay Witness Fees Pursuant to 28 USC §1825(b) signed by Magistrate Judge Erica P. Grosjean on 04/24/2017. (Flores, E)

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CAROLYN PHILLIPS, #103045
Attorney at Law
P.O. Box 5622
Fresno, California 93755-5622
Telephone: [phone]
Facsimile: [phone]
Attorney for Petitioner Jaime I. Estrada

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAIME I. ESTRADA,
Petitioner,

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Case No. 1:14-cv-679 DAD/EPG HC

v.
MARTIN BITER,

Respondent.
_________________________________

ORDER GRANTING PETITIONER’S
EX PARTE APPLICATION FOR
AUTHORITY TO SUBPOENA
WITNESSES AND HAVE U.S.
MARSHAL PAY WITNESS FEES
PURSUANT TO 28 USC §1825(b)
Date: May 5, 2017
Time: 9:00 a.m.
Judge: Hon. Erica P. Grosjean

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Petitioner JAIME I. ESTRADA, through counsel, asks this court for an ex parte
order authorizing the issuance of subpoenas and the payment of witness fees by the
United States Marshal as provided in 28 U.S.C. §1825(b). This court has already granted
petitioner indigent status and has set an evidentiary hearing in this matter for May 5,
2017, at 9:00 a.m. The following witnesses must be present at the evidentiary hearing in
order to allow Mr. Estrada to present an adequate case:
1. Deputy District Attorney Sandra Bishop
832 Twelfth St., Ste. 300
Modesto, CA 95353
[phone]

DDA Bishop was the prosecutor in Estrada’s state trial and produced the

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Stanislaus County District Attorney Office Memoranda regarding a plea offer and a

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declaration filed during the state court’s consideration of Estrada’s state habeas petition.
2. Chuck McKenna
4224 Madison Lane
Turlock, CA 95382
[phone]

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Mr. McKenna was the Deputy District Attorney who appeared at the pre-trial
conference during which it appears that a 19-year offer was made.
Subpoenas are necessary to secure the appearances of these witnesses at the May

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5, 2017 evidentiary hearing.
Dated:

April 17, 2017

Respectfully submitted,

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/s/ Carolyn D. Phillips
Attorney for Petitioner
Jaime I. Estrada

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ORDER

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Authorization for the issuance of subpoenas for Sandra Bishop and Chuck
McKenna’s presence at the May 5, 2017 evidentiary hearing and payment of witness
fees by the U.S. Marshal is hereby GRANTED.

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IT IS SO ORDERED.
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Dated:
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April 24, 2017

/s/
UNITED STATES
MAGISTRATE JUDGE