Jaffe v. Kramer
Filing
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BRIEFING ORDER. Signed by Judge Hamilton on 6/20/12. (pjhlc3, COURT STAFF) (Filed on 6/20/2012)
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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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STEVEN JAFFE,
No. C 05-4439 PJH (PR)
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For the Northern District of California
United States District Court
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Petitioner,
BRIEFING ORDER
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vs.
EDMUND G. BROWN, JR., Governor,
MATTHEW KRAMER, Warden,
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Respondent.
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This is a habeas corpus case filed pro se by a state prisoner pursuant to 28 U.S.C. §
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2254. The court denied the petition and petitioner appealed. The United States Court of
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Appeals for the Ninth Circuit affirmed in part and reversed in part. The court of appeals
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perceived a Confrontation Clause claim in the petition that this court had not discussed.
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The circuit concluded that this claim was not exhausted, however, and remanded for this
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court to “determine in the first instance whether any California procedure remains available
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to Jaffe for rasing [the confrontation claim],” and if so to “exercise its discretion to determine
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whether Jaffe’s petition should be stayed . . . .” Subsequently, on June 19, 2012, the court
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granted petitioner’s motion to appoint counsel.
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As noted in the court’s June 14, 2012 order, in view of the terms of the remand,
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there are two issues that the parties must now address: (1) Whether any state procedure
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remains available that would allow petitioner to exhaust the Confrontation Clause claim in
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the California courts; and (2) if such a procedure does exist, whether proceedings in this
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case should be stayed to allow petitioner to exhaust. Petitioner is ORDERED to file an
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opening brief addressing those issues no later than twenty-eight days from the date of this
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order. Respondent is ORDERED to file a response within fourteen days of the filing of
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petitioner’s opening brief. Petitioner may file a reply, if any, within seven days of
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respondent’s response.
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IT IS SO ORDERED.
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Dated: June 20, 2012.
PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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