Holmes v. Miller

Filing 97

ORDER denying 96 Motion to reopen the evidentiary hearing and for discovery signed by Magistrate Judge Kendall J. Newman on 9/7/16: The hearing scheduled on the court's calendar for September 26, 2016, in this matter is vacated. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSICA HOLMES,

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No. 2:11-cv-2710 JKS KJN (HC)

Petitioner,
ORDER

v.
DEBORAH K. JOHNSON, Warden,
Respondent.

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Petitioner is proceeding through counsel with a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. Pursuant to a limited remand by the United States Court of Appeals for the

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Ninth Circuit, an evidentiary hearing was held on August 22-23, 2016, on petitioner’s claim that

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her trial counsel rendered ineffective assistance in the course of plea negotiations. On September

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1, 2016, petitioner filed a motion to reopen the evidentiary hearing and to permit discovery

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regarding trial Judge White’s conversation with petitioner’s trial counsel about the Ninth Circuit’s

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remand order. This conversation has been the subject of a previous motion filed by petitioner.

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After careful review, the court does not find good cause to reopen the evidentiary hearing

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or to permit discovery regarding the conversation between Judge White and petitioner’s trial

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counsel about the remand order. Petitioner informs the court that, during the conversation in

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question, petitioner’s trial counsel told Judge White that if petitioner were convicted after a trial

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she would receive a sentence of life in prison without the possibility of parole. Even if true, this
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statement is consistent with and duplicative of testimony received during the evidentiary hearing

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and would add nothing of substance to the outcome of these proceedings.

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Accordingly, IT IS ORDERED that:

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1. Petitioner’s September 1, 2016 motion to reopen the evidentiary hearing and for

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discovery (ECF No. 96) is denied.
2. The hearing scheduled on the court’s calendar for September 26, 2016, in this matter is

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vacated.

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Dated: September 7, 2016

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