Grecu v. Evans

Filing 111

ORDER Re Supplemental Briefing. Signed by Judge Edward M. Chen on 3/28/2014. (emcsec, COURT STAFF) (Filed on 3/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID B. GRECU,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-07-0780 EMC

M.S. EVANS, WARDEN,

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ORDER RE SUPPLEMENTAL
BRIEFING

Respondent.
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On November 14, 2013, Petitioner, now represented by counsel, filed his traverse to the

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Respondent’s response to this Court’s Order to Show Cause. Dkt. No. 109. In this traverse,

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Petitioner argued that he is entitled to an evidentiary hearing in order to explore: (1) the

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circumstances underlying the withdrawal of his first attorney, David Kraft, and (2) whether

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Petitioner provided law enforcement with information regarding the Bothwell Burglary during his

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use immunity proffer. In addition, Petitioner raises the argument that the Santa Cruz County

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Superior Court never addressed the merits of his third claim for relief during Petitioner’s state post-

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conviction proceedings.

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The Court hereby orders Respondent to file a supplemental brief addressing whether an

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evidentiary hearing is warranted in this case and whether the Santa Cruz County Superior Court

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addressed the merits of Petitioner’s third claim for relief. Respondent’s supplemental brief shall not

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exceed 10 pages and shall be filed no later than 5:00 p.m., Tuesday, April 8, 2014.

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Petitioner may file a response – not to exceed 5 pages – by 5:00 p.m., Tuesday, April 15,
2014.
IT IS SO ORDERED.

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Dated: March 28, 2014
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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