Hill v. Ayers

Filing 336

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 MICHAEL HILL, Petitioner, DEATH-PENALTY CASE v. 14 15 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 16 Respondent. [Doc. No. 335] 17 18 The Court permitted Petitioner to serve subpoenas duces 19 tecum on the Alameda County District Attorney and the Oakland 20 Police Department, (Doc. No. 334), in accordance with its Order 21 Granting Petitioner’s Motion for Discovery, (Doc. No. 331). 22 response to the subpoenas, the District Attorney and the Police 23 Department deposited documents with the Court’s Death Penalty 24 Staff Attorney at the courthouse in San Francisco. 25 In It is not clear that the deposited documents constitute full 26 compliance with the subpoenas. (See Doc. No. 335 at 4–7.) For 27 example, the Court previously has noted the significance of 28 witness Michael McCray (who allegedly committed the murders of 1 which Petitioner was convicted), (Doc. No. 331 at 2 n.2), and the 2 subpoenas requested information regarding the promise not to 3 prosecute McCray, (Doc. No. 334 at 2), yet the documents produced 4 by the District Attorney do not include any information or any 5 explanation for the lack of information regarding McCray. 6 Petitioner suggests that an evidentiary hearing be held 7 regarding this matter. 8 premature. 9 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 10 deposited the documents with the Court, Senior Deputy District 11 Attorney James P. Meehan, and Linda M. Moroz for the City of 12 Oakland. 13 serve interrogatories, or otherwise conduct discovery. 14 Accordingly, the Court denies without prejudice Petitioner’s 15 request for an evidentiary hearing. 16 to file a status report regarding this matter within thirty days 17 of the date of this order. 18 If that fails, Petitioner may move to take depositions, The Court directs Petitioner Petitioner also requests funds to pay for copies of the 19 documents deposited by the Oakland Police Department. 20 handles funding requests on an ex parte basis through the Court’s 21 Criminal Justice Act Supervising Attorney. 22 Court denies without prejudice Petitioner’s funding request. 23 Petitioner may renew the request through the regular CJA process. 24 The Court Accordingly, the IT IS SO ORDERED. 25 26 27 28 DATED: 2/27/2013 _______________ ______________________________ CLAUDIA WILKEN United States District Judge

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