Roberts v. Ayers, et al

Filing 519

STIPULATION and ORDER Setting Forth Briefing Schedule signed by Magistrate Judge Dale A. Drozd on 6/16/2014 and agreed between the parties. Respondent shall file a supplemental brief in support of Answer on Non-Evidentiary Hearing Claims on or before 11/13/14; Petitioner shall file a supplemental brief in support of Traverse on Non-Evidentiary Hearing Claims on or before 2/11/2015. (Yin, K)

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HEATHER E. WILLIAMS, State Bar No. 122664
Federal Defender
BRIAN ABBINGTON, Texas State Bar No. 00790500
HARRY SIMON, State Bar No. 133112
Assistant Federal Defenders
801 I Street, 3rd Floor
Sacramento, California 95814
[phone]; FAX [phone]
ROBERT BLOOM
Law Offices of Robert Bloom
3355 Richmond Boulevard
Oakland, CA 94611
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
LARRY ROBERTS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY ROBERTS
Petitioner,

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vs.
KEVIN CHAPPELL, Warden of the
California State Prison at San Quentin,

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Respondent.

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No. 2:93-cv-00254-TLN-DAD
DEATH PENALTY CASE

STIPULATION AND ORDER SETTING
FORTH BRIEFING SCHEDULE ON NONEVIDENTIARY HEARING CLAIMS

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On July 15, 2003, Petitioner Larry Roberts filed his Second Amended Petition (Doc. 248)
in this case. On January 20, 2004, Respondent Warden filed his Answer (Doc. 270) to that
petition and an accompanying Memorandum of Points and Authorities. Doc. 271. On April 19,

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2004, petitioner filed his Traverse. Doc. 284.
On December 15, 2010, petitioner filed a motion for evidentiary hearing. Doc. 369. This
Court granted that motion in an order filed on June 1, 2012 (Doc. 424), which was amended by

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Stipulation and Order Re: Non Evidentiary Hearing Briefs

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Roberts v. Chappell, Case No. 2:93-cv-00254-TLN-DAD

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an order dated January 31, 2013. Doc. 466. The Amended Order granted a hearing on eight of

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petitioner’s 58 Claims1: Claim 1, 7, 15, 16, 29, 30, 42 and 43. Doc 466 at 133. Following

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depositions and a three day evidentiary hearing that concluded on January 15, 2014, the parties

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agreed to a briefing schedule on these evidentiary hearing claims. Doc. 502. The court approved
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that stipulated briefing schedule. Doc. 503.
The present stipulation and order does not modify this Court’s previous protective orders

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(Docs. 460 and 493), or otherwise permit any other use of the exhibits referenced in the court’s

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order unsealing exhibits (Doc. 513). During a telephonic conference held on February 11, 2014,

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the Court requested updated briefing on non-evidentiary hearing claims. The parties stipulate to

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the following briefing schedule: Respondent shall file a Supplemental Brief in Support of
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Answer on Non-Evidentiary Hearing Claims on or before November 13, 2014. Petitioner shall

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file a Supplemental Brief in Support of Traverse on Non-Evidentiary Hearing Claims on or

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before February 11, 2015.

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Respectfully submitted,

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HEATHER E. WILLIAMS
Federal Defender

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Dated: June 10, 2014

/s/ Brian Abbington
BRIAN ABBINGTON
Assistant Federal Defender

Dated: June 10, 2014

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/s/ Harry Simon
HARRY SIMON
Assistant Federal Defender

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Attorneys for Petitioner

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Although the Second Amended Petition lists Claims 1 through 59, Claim 33 was omitted
from that petition.
Stipulation and Order Re: Non Evidentiary Hearing Briefs

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Roberts v. Chappell, Case No. 2:93-cv-00254-TLN-DAD

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KAMALA HARRIS
Attorney General of the State of California

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Dated: June 9, 2014

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/s/ Glenn R. Pruden
GLENN R. PRUDEN
Supervising Deputy Attorney General

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Attorneys for Respondent

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IT IS SO ORDERED.

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Dated: June 16, 2014

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Dad1.capital
Robertsstip.re.non.evi.herg.claims.briefing

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Stipulation and Order Re: Non Evidentiary Hearing Briefs

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Roberts v. Chappell, Case No. 2:93-cv-00254-TLN-DAD