Stevens v. Ayers

Filing 83

ORDER RE PETITIONER'S REQUEST TO WITHDRAW CERTAIN CLAIMS FROM PETITION [re 74 MOTION to Dismiss filed by Charles Stevens, 82 Order, Set Hearings]. Counsel for petitioner and respondent's briefs due 1/9/2015. Petitioner brief due 1/16/2015. Petitioner's traverse due 12/23/2014. Signed by Judge William Alsup on 12/5/2014. (whasec, COURT STAFF) (Filed on 12/5/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHARLES STEVENS,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 09-00137 WHA

v.

DEATH PENALTY CASE

KELLY MITCHELL, Acting
Warden, San Quentin State Prison,
Respondent.

ORDER RE PETITIONER’S
REQUEST TO WITHDRAW
CERTAIN CLAIMS FROM PETITION

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The Court held a hearing at San Quentin prison with petitioner and petitioner’s counsel

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on December 3, 2014, to hear his “motion to dismiss the penalty appeal” (ECF Dkt. 74).

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Respondent’s counsel appeared at the beginning and end of the hearing, but did not participate

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in the substantive colloquy. The substantive part of the hearing will remain under seal.

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The essence of the problem is whether or not petitioner may direct his counsel to

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withdraw and waive certain claims from his petition for habeas corpus relief, assuming that the

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waiver of such claims by petitioner is competent, informed, and voluntary. Put differently, do

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federal habeas counsel have a duty to make all plausible claims for relief regardless of the

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client’s wishes or does a petitioner have the authority to direct his counsel to abandon certain

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claims? Counsel requested the opportunity to brief the issue.

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Accordingly, counsel for petitioner and respondent shall brief the issue of a petitioner’s
authority to direct his counsel to withdraw certain claims from his petition even if over the

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objection of his own counsel. Such briefs are due on or before JANUARY 9, 2015, and are limited

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to not more than twenty pages each.

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The Court further expects that it will appoint, via separate order, additional counsel for

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petitioner for the sole purpose of representing petitioner in his desire to direct his federal habeas

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counsel to dismiss or withdraw certain claims from the petition, said brief to be due by

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JANUARY 16.

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This order further FINDS that petitioner is competent to make a decision to waive and to

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withdraw the claims at issue, that he is and has been fully informed of the consequences of doing

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so, including the inability to resurrect these claims at a future date, and that his decision to
withdraw and waive those claims is voluntary. For the time being, however, the claims at issue

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For the Northern District of California

United States District Court

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will not be dismissed, pending briefing and further decision.

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Petitioner’s traverse is still due on DECEMBER 23, 2014. However, the traverse need not

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address claims 13, 14, 17, 19, 20, 22, 26 and 27. A supplemental traverse on these claims may

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be filed later pending the outcome of petitioner’s “motion to dismiss the penalty appeal” (ECF

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Dkt. 74).

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IT IS SO ORDERED.

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Dated: December 5, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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