Riel v. Woodford
ORDER signed by Magistrate Judge Dale A. Drozd on 6/10/14 ORDERING that within 20 days of the filed date of this order, petitioner shall file a memorandum of points and authorities (see order for details). Within 20 days after petitioner has filed his memorandum, respondent shall file a responsive memorandum. Within 10 days thereafter, petitioner may file a reply. (Dillon, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CHARLES D. RIEL,
No. 2:01-cv-0507 LKK DAD
DEATH PENALTY CASE
WARDEN, San Quentin State Prison,
In 2009, the assigned district judge granted in part and denied in part petitioner’s motion
for an evidentiary hearing in this action. (ECF No. 212.) Specifically, the assigned district judge
adopted the then-assigned magistrate judge’s reasoning in her ruling on the motion for an
evidentiary hearing in all but one respect. (Id.) The district judge held that the magistrate judge
failed to properly consider the standards for application of California’s felony-murder rule to a
nonkiller in declining to hold an evidentiary hearing on petitioner’s claim of ineffective assistance
of counsel at the guilt phase and, therefore, did not adopt the recommendation in that respect. (Id.
It does not appear that either party mentions these felony-murder rule standards, or the
district judge’s application of them to petitioner’s case, in the briefing on the application of 28
U.S.C. § 2254(d) to this action. Accordingly, IT IS HEREBY ORDERED as follows:
Within twenty days of the filed date of this order, petitioner shall file a memorandum
of points and authorities explaining whether the rationales for the assigned district
judge’s holding that petitioner had sufficiently shown guilt phase prejudice stemming
from the ineffective assistance of counsel, discussed at pages 3 through 7 of the
court’s March 27, 2009 Order, were raised in the state court. If those issues were
raised in state court, petitioner shall explain whether he addressed them in his
§ 2254(d) briefing or explain why he did not address them. If the issues were not
raised in state court, petitioner shall explain whether the issues may be considered by
this court in determining whether petitioner has satisfied the § 2254(d) standards.
Within twenty days after petitioner has filed his memorandum, respondent shall file a
3. Within ten days thereafter, petitioner may file a reply.
Dated: June 10, 2014
riel 2254d supp brfing.or
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?