Walker v. Martel

Filing 207

STIPULATION AND ORDER RE LITIGATION SCHEDULE FOR RESPONDENT'S STAY MOTION: That Petitioner's Opposition to Motion for Stay of Release-or-Retrial Order Pending Appeal is due by 06/24/11; Parties to Stipulate to Temporary Stay of Release or Retrial Order by 07/13/11; or ruling on Respondent's Motion to Stay Pending Appeal re 204 Stipulation. Signed by Judge Saundra Brown Armstrong, on 5/24/11. (lrc, COURT STAFF) (Filed on 6/1/2011) Modified on 6/2/2011 (jlm, COURT STAFF).

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KAMALA D. HARRIS
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
GERALD A. ENGLER
Senior Assistant Attorney General
GLENN R. PRUDEN
Supervising Deputy Attorney General
BRUCE ORTEGA
Deputy Attorney General
State Bar No. 131145
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Respondent
MICHAEL MARTEL

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Douglas R. Young (California Bar No. 073248)
Thomas B. Mayhew (California Bar No. 183539)
Racheal Turner (California Bar No. 226441)
David K. Ismay (California Bar No. 243882)
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 30th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Nanci L. Clarence (California Bar No. 122286)
Nicole K. Howell (California Bar No. 246078)
CLARENCE & DYER
899 Ellis Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Petitioner
MARVIN PETE WALKER, JR.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MARVIN PETE WALKER,

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CAPITAL CASE
Petitioner, C 94-1997 SBA
STIPULATION RE LITIGATION
SCHEDULE FOR RESPONDENT’S
STAY MOTION

v.

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MICHAEL MARTEL, ActingWarden,
California State Prison at San Quentin,

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Respondent.
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By Order filed March 31, 2011, this Court granted Petitioner’s Petition for Writ of Habeas

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Corpus, and vacated Petitioner’s judgment of conviction and sentence of death. Docket No. 199.

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This Court also ordered “the State of California either to release Petitioner or retry him, in
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Stipulation Re Litigation Schedule For Respondent’s Stay Motion (C 94-1997 SBA)

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compliance with California state law and the United States Constitution.” Id. at 26. Pursuant to

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Rule 62 of the Federal Rules of Civil Procedure, this Court’s judgment became effective on April

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14, 2011.

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Respondent has filed a notice of appeal to the Ninth Circuit from this Court’s March 31,

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2011, judgment. Respondent also wishes to seek a stay of this Court’s release-or-retrial order

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pending resolution of that appeal. The parties have met and conferred and propose the following:

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(1) Respondent proposes to move for a stay of the release-or-retrial order pending appeal,
and the parties propose a briefing schedule on that stay motion as follows:
(a) On or before May 13, 2011: motion filed by Respondent.
(b) On or before June 24, 2011: opposition filed by Petitioner.

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(2) The parties stipulate to a temporary stay of this Court’s release-or-retrial order; until

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either July 13, 2011, or until this Court rules on Respondent’s motion for stay pending appeal,

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whichever occurs earlier.

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Dated: May 12, 2011

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Respectfully submitted,

Respectfully submitted,

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FARELLA BRAUN + MARTEL LLP
CLARENCE & DYER

KAMALA D. HARRIS
Attorney General of California

By: /s/ Thomas B. Mayhew
Thomas B. Mayhew

By: /s/ Bruce Ortega
Bruce Ortega
Deputy Attorney General

Attorneys for Petitioner
MARVIN PETE WALKER

Attorneys for Respondent
MICHAEL MARTEL

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I attest that concurrence in the filing of the above stipulation has been obtained from

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counsel for Petitioner Marvin Pete Walker.

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Dated: May 12, 2011
By: /s/ Bruce Ortega
Bruce Ortega
Deputy Attorney General

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Stipulation Re Litigation Schedule For Respondent’s Stay Motion (C 94-1997 SBA)

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IT IS SO ORDERED.

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_________________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

5/24/11

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Stipulation Re Litigation Schedule For Respondent’s Stay Motion (C 94-1997 SBA)

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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WALKER,
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Plaintiff,
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v.
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MARTEL,
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Defendant.
/

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Case Number: CV94-01997 SBA
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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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That on June 1, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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California Appellate Project
California Appellate Project
Federal Court Docketing
101 Second Street
Suite 600
San Francisco, CA 94105

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Dated: June 1, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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SF2005XW0001

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20451461.doc

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Stipulation Re Litigation Schedule For Respondent’s Stay Motion (C 94-1997 SBA)