Johnson v. Ayers

Filing 396

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE JOHNSON,

Case No. 98-cv-4043-SI

Petitioner,
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DEATH PENALTY CASE

v.
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RON DAVIS, Warden, San Quentin State
Prison,

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United States District Court
Northern District of California

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ORDER SETTING EVIDENTIARY
HEARING

Respondent.

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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.

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2. The pre-hearing conference is set for Thursday, November 30, 2017 at 3:00 p.m.

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3. Pre-hearing filings, such as a) the lodging of deposition transcripts and declarations, b)

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the filing of objections to documentary evidence, c) the filing of a proposed statement

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of undisputed facts and identification of those facts upon which the parties cannot

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agree, d) the exchanging and lodging of exhibit lists, and e) the filing of a final witness

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list, will be due on or around November 16, 2017, but in no circumstances should be

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submitted later than November 29.

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4. As soon as is practicable, the parties will meet and confer regarding Petitioner’s

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potential assertion in his deposition of his Fifth Amendment right against self-

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incrimination and any waiver by Petitioner of his attorney-client privilege through the

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assertion of ineffective assistance of counsel related to claim I. If the parties reach

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agreement, they shall submit a proposed Order. If they are unable to reach agreement,

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Respondent shall file a motion prior to the June deposition of Petitioner. In the event

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Respondent files a motion, Petitioner shall submit an opposition as soon as possible,

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and the motion will be decided on the papers.

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5. The Court will set a schedule for post-hearing briefs following the conclusion of the
evidentiary hearing.

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Additionally, Respondent shall file a letter notifying the Court of the finalized deposition
schedule.
IT IS SO ORDERED.
Dated: May 1, 2017

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________________________
SUSAN ILLSTON
United States District Judge

United States District Court
Northern District of California

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