Hill v. Ayers
ORDER DENYING PETITIONERS REQUEST FOR EVIDENTIARY HEARING AND FUNDING re 335 . Signed by Judge Claudia Wilken on 2/27/2013. (ndr, COURT STAFF) (Filed on 2/27/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case Number 4-94-cv-641-CW
KEVIN CHAPPELL, Warden of
San Quentin State Prison,
ORDER DENYING PETITIONER’S
REQUEST FOR EVIDENTIARY
HEARING AND FUNDING
[Doc. No. 335]
The Court permitted Petitioner to serve subpoenas duces
tecum on the Alameda County District Attorney and the Oakland
Police Department, (Doc. No. 334), in accordance with its Order
Granting Petitioner’s Motion for Discovery, (Doc. No. 331).
response to the subpoenas, the District Attorney and the Police
Department deposited documents with the Court’s Death Penalty
Staff Attorney at the courthouse in San Francisco.
It is not clear that the deposited documents constitute full
compliance with the subpoenas.
(See Doc. No. 335 at 4–7.)
example, the Court previously has noted the significance of
witness Michael McCray (who allegedly committed the murders of
which Petitioner was convicted), (Doc. No. 331 at 2 n.2), and the
subpoenas requested information regarding the promise not to
prosecute McCray, (Doc. No. 334 at 2), yet the documents produced
by the District Attorney do not include any information or any
explanation for the lack of information regarding McCray.
Petitioner suggests that an evidentiary hearing be held
regarding this matter.
seeks through informal means by contacting the attorneys who
(Doc. No. 335 at 5–6, 7.)
The request is
Petitioner may be able to obtain the information he
deposited the documents with the Court, Senior Deputy District
Attorney James P. Meehan, and Linda M. Moroz for the City of
serve interrogatories, or otherwise conduct discovery.
Accordingly, the Court denies without prejudice Petitioner’s
request for an evidentiary hearing.
to file a status report regarding this matter within thirty days
of the date of this order.
If that fails, Petitioner may move to take depositions,
The Court directs Petitioner
Petitioner also requests funds to pay for copies of the
documents deposited by the Oakland Police Department.
handles funding requests on an ex parte basis through the Court’s
Criminal Justice Act Supervising Attorney.
Court denies without prejudice Petitioner’s funding request.
Petitioner may renew the request through the regular CJA process.
IT IS SO ORDERED.
United States District Judge
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