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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MICHAEL HILL,
Petitioner,

DEATH-PENALTY CASE
v.

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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

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Respondent.

[Doc. No. 335]

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The Court permitted Petitioner to serve subpoenas duces

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tecum on the Alameda County District Attorney and the Oakland

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Police Department, (Doc. No. 334), in accordance with its Order

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Granting Petitioner’s Motion for Discovery, (Doc. No. 331).

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response to the subpoenas, the District Attorney and the Police

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Department deposited documents with the Court’s Death Penalty

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Staff Attorney at the courthouse in San Francisco.

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In

It is not clear that the deposited documents constitute full

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compliance with the subpoenas.

(See Doc. No. 335 at 4–7.)

For

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example, the Court previously has noted the significance of

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witness Michael McCray (who allegedly committed the murders of

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which Petitioner was convicted), (Doc. No. 331 at 2 n.2), and the

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subpoenas requested information regarding the promise not to

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prosecute McCray, (Doc. No. 334 at 2), yet the documents produced

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by the District Attorney do not include any information or any

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explanation for the lack of information regarding McCray.

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Petitioner suggests that an evidentiary hearing be held

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regarding this matter.

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premature.

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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

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deposited the documents with the Court, Senior Deputy District

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Attorney James P. Meehan, and Linda M. Moroz for the City of

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Oakland.

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serve interrogatories, or otherwise conduct discovery.

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Accordingly, the Court denies without prejudice Petitioner’s

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request for an evidentiary hearing.

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to file a status report regarding this matter within thirty days

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of the date of this order.

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If that fails, Petitioner may move to take depositions,

The Court directs Petitioner

Petitioner also requests funds to pay for copies of the

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documents deposited by the Oakland Police Department.

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handles funding requests on an ex parte basis through the Court’s

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Criminal Justice Act Supervising Attorney.

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Court denies without prejudice Petitioner’s funding request.

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Petitioner may renew the request through the regular CJA process.

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The Court

Accordingly, the

IT IS SO ORDERED.

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DATED:

2/27/2013
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CLAUDIA WILKEN
United States District Judge