Johnson v. Ayers

Filing 525

CORRECTED WRIT of Habeas Corpus Ad Testificandum issued WITH SEAL (tfS, COURT STAFF) (Filed on 8/13/2019)

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1 2 3 Richard B. Mazer SBN: 49632 Law Office of Richard B. Mazer 99 Divisadero St. San Francisco, CA 94117 Tel: 415 621 4100 4 5 6 7 8 9 William L. Osterhoudt SBN 43021 Law Offices of William L. Osterhoudt 135 Belvedere Street San Francisco, CA 94117 Tel (415 664-4600 Fax: (415) 664-4691 Email Osterhoudt@aol.com Attorneys for Defendant Willie D. Johnson 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 WILLIE D. JOHNSON, Petitioner, 17 C 98-4043 SI v. DEATH PENALTY CASE 18 RON DAVIS, Warden, San Quentin State Prison, 19 20 Respondent, CORRECTED PETITION FOR AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM DATE: August 19, 2019 August 23, 2019 TIME:9:00a.m. 10:00 a.m. 21 COURTROOM OF THE HONORABLE SUSAN ILLSTON 22 23 24 25 PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFCANDUM 26 To the Honorable Susan Illston, United States District Judge of the United States District 27 28 Court for the Northern District of California: PETITION FOR AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM 1 2 Petitioner respectfully petitions the Court to issue a Writ of Habeas Corpus Ad Testificandum for the prisoner Willie D. Johnson, whose place of custody and jailor are set forth in the 3 requested Writ, attached hereto, and your petitioner avers that the prisoner is required to appear 4 August 23, 2019 at 10:00 a.m. 5 in the above-entitled matter in this Court August 19, 2019 at 9:00 a.m., and therefore petitioner 6 requests that this Court issue the Writ as presented. 7 This is a 28 U.S.C. section 2254 habeas corpus action filed in 1998, by California capital 8 9 inmate Willie Darnell Johnson, challenging his Contra Costa County conviction and death 10 sentence for first degree murder, attempted murder, and related offenses, with special 11 circumstances. The Court has set August 19, 2019 at 9:00am for argument on Claim I, that 12 Petitioner is actually innocent of the offenses for which he was convicted in 1987. Petitioner s 13 presence at that hearing is necessary to a fair determination of the issues at the hearing. He is 14 15 16 confined at San Quentin Prison, San Quentin, California. Should the Court issue this Order, representatives to the warden of San Quentin are instructed August 23, 2019 17 to transport Willie D. Johnson from San Quentin State Prison on or before August 19, 2019 at 18 10:00 a.m. 19 9:00a.m., for the duration of the hearing for access to the U.S. Courthouse/Federal Building, to 20 United States District Court for the Northern District of California, 450 Golden Gate Ave., 21 Courtroom 1-17th Floor, San Francisco, CA, 94102, the Honorable Susan Illston, presiding. 22 23 24 25 26 Dated: August 5, 2019 Respectfully Submitted, __________/s/_______________ RICHARD B. MAZER Attorney for Defendant, WILLIE D. JOHNSON 27 28 2 PETITION FOR AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM 1 _________/s/_________________ WILLIAM L. OSTERHOUDT 2 Attorney for Defendant, WILLIE D. JOHNSON 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 PETITION FOR AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM 1 2 PETITION FOR AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: Ron Davis, Warden, San Quentin State Prison 3 4 5 6 7 GREETINGS WE COMMAND that on August , 2019, you have and produce the body of Willie Darnell Johnson, in your custody in the above-referenced institution, before the United States 8 District Court in and before the Northern District of California, in the Courtroom of Judge 9 10 11 12 Illston, Courtroom 1 17th Floor, 450 Golden Gate Avenue, San Francisco, CA, 94102, so Willie Darnell Johnson may then and there appear for a hearing in the above-captioned case at :00 a.m. on August , 2019 13 14 15 16 13 Dated: August_____, 2019 CLERK UNITED STATES DISTRICT COURTY NORTHERN DISTRICT OF CALIFORNIA 17 18 _______________________________ DEPUTY CLERK 19 20 21 22 23 24 25 26 27 28 PETITION FOR AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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