Riel v. Woodford

Filing 569

ORDER signed by Magistrate Judge Deborah Barnes on 4/9/2018 ORDERING parties to file a joint statement regarding the four subjects identified in this order by 6/8/2018. Magistrate Judge Deborah Barnes will hold a status conference on 6/15/2018 at 10:00 AM in Courtroom 27.(Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES D. RIEL,

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Petitioner,

No. 2:01-cv-0507 MCE DB
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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On March 19, 2018, the court found petitioner has satisfied the requirements of 28 U.S.C.

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§ 2254(d) for claims 2 and 5 with respect to the special circumstance and penalty phase

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determinations. (ECF No. 568.) The court previously granted petitioner’s motion for an

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evidentiary hearing on these aspects of claims 2 and 5. (ECF No. 204, 212.)

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The court recognizes that in 2009 and 2010, the parties engaged in extensive preparation

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for an evidentiary hearing. Given the narrowing of the claims which will be the subject of the

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evidentiary hearing based on the recent order, and given the passage of time, the court will

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schedule a status conference to discuss general preparation for the evidentiary hearing. Prior to

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the conference, counsel for the parties shall meet and confer regarding the following: (1)

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identification of any issues regarding the conduct of the evidentiary hearing that were resolved by

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the court previously; (2) identification of issues that remain; (3) the amount of time needed to

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prepare for the evidentiary hearing; and (4) whether either party will seek to conduct additional
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discovery. Counsel shall file a joint statement prior to the status conference reflecting their points

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of agreement, and any disagreement, on these four matters.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. By June 8, 2018, the parties shall file a joint statement regarding the four subjects

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identified above.
2. The undersigned will hold a status conference on June 15, 2018 at 10:00 a.m. in
courtroom #27.
DATED: April 9, 2018

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DB/orders.capital/riel evi hrg prep.sts

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