Johnson v. Ayers

Filing 396

ORDER SETTING EVIDENTIARY HEARING (Illston, Susan) (Filed on 5/1/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIE JOHNSON, Case No. 98-cv-4043-SI Petitioner, 8 DEATH PENALTY CASE v. 9 RON DAVIS, Warden, San Quentin State Prison, 11 United States District Court Northern District of California 10 ORDER SETTING EVIDENTIARY HEARING Respondent. 12 13 14 15 16 On April 27, 2017, the Court held a case-management conference in the above-captioned capital habeas action. The Court set the following schedule: 1. The evidentiary hearing granted in the Court’s June 15, 2016 Order is now set to commence on January 8, 2018. 17 2. The pre-hearing conference is set for Thursday, November 30, 2017 at 3:00 p.m. 18 3. Pre-hearing filings, such as a) the lodging of deposition transcripts and declarations, b) 19 the filing of objections to documentary evidence, c) the filing of a proposed statement 20 of undisputed facts and identification of those facts upon which the parties cannot 21 agree, d) the exchanging and lodging of exhibit lists, and e) the filing of a final witness 22 list, will be due on or around November 16, 2017, but in no circumstances should be 23 submitted later than November 29. 24 4. As soon as is practicable, the parties will meet and confer regarding Petitioner’s 25 potential assertion in his deposition of his Fifth Amendment right against self- 26 incrimination and any waiver by Petitioner of his attorney-client privilege through the 27 assertion of ineffective assistance of counsel related to claim I. If the parties reach 28 agreement, they shall submit a proposed Order. If they are unable to reach agreement, 1 Respondent shall file a motion prior to the June deposition of Petitioner. In the event 2 Respondent files a motion, Petitioner shall submit an opposition as soon as possible, 3 and the motion will be decided on the papers. 4 5. The Court will set a schedule for post-hearing briefs following the conclusion of the evidentiary hearing. 5 6 7 8 9 Additionally, Respondent shall file a letter notifying the Court of the finalized deposition schedule. IT IS SO ORDERED. Dated: May 1, 2017 10 ________________________ SUSAN ILLSTON United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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