Johnson v. Ayers

Filing 433

ORDER GRANTING IN PART PETITIONER'S MOTION TO CONTINUE THE EVIDENTIARY HEARING 430 . (Illston, Susan) (Filed on 2/27/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE DARNELL JOHNSON,
Petitioner,

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v.

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Case No. 98-cv-04043-SI

RON DAVIS, Warden, San Quentin State
Prison,

ORDER GRANTING IN PART
PETITIONER’S MOTION TO
CONTINUE THE EVIDENTIARY
HEARING

United States District Court
Northern District of California

Respondent.
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On February 27, 2018, the Court held a pre-trial conference in the above-captioned capital
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habeas action in which the Court set the following schedule:
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1. The evidentiary hearing is continued from Monday, March 12, 2018 to Monday, March
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19, 2018. The Court will set aside two trial weeks for the hearing. The hearing shall
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occur between 8:30 a.m. and 3:30 p.m., Monday through Thursday.
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2. Witnesses Nena Johnson and Wanda Smith shall be deposed no later than Tuesday,
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March 6. Petitioner’s counsel are directed to contact the witnesses to advise them of

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the deposition dates and shall assist in the service of a subpoena on Witness Smith. If
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the depositions do not occur by March 6, the Court shall preclude introduction of
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testimony by these witnesses.
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3. Petitioner is granted leave to file an opposition to respondent’s motion in limine on or

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before Friday, March 2.
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4. The parties shall conduct a mutual exchange of their version of trial counsel’s records

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by Friday, March 2. The documents shall be served on either a CD-ROM or DVD.
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5. Petitioner’s counsel shall provide respondent’s counsel with a list of intended witnesses

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in the order in which counsel intend to present said witnesses twenty-four hours prior

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to calling them to the stand.

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IT IS SO ORDERED.
Dated: February 27, 2018
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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