Jaffe v. Kramer

Filing 67

BRIEFING ORDER. Signed by Judge Hamilton on 6/20/12. (pjhlc3, COURT STAFF) (Filed on 6/20/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 OAKLAND DIVISION 9 STEVEN JAFFE, No. C 05-4439 PJH (PR) 11 For the Northern District of California United States District Court 10 Petitioner, BRIEFING ORDER 12 13 vs. EDMUND G. BROWN, JR., Governor, MATTHEW KRAMER, Warden, 14 Respondent. 15 / 16 This is a habeas corpus case filed pro se by a state prisoner pursuant to 28 U.S.C. § 17 2254. The court denied the petition and petitioner appealed. The United States Court of 18 Appeals for the Ninth Circuit affirmed in part and reversed in part. The court of appeals 19 perceived a Confrontation Clause claim in the petition that this court had not discussed. 20 The circuit concluded that this claim was not exhausted, however, and remanded for this 21 court to “determine in the first instance whether any California procedure remains available 22 to Jaffe for rasing [the confrontation claim],” and if so to “exercise its discretion to determine 23 whether Jaffe’s petition should be stayed . . . .” Subsequently, on June 19, 2012, the court 24 granted petitioner’s motion to appoint counsel. 25 As noted in the court’s June 14, 2012 order, in view of the terms of the remand, 26 there are two issues that the parties must now address: (1) Whether any state procedure 27 remains available that would allow petitioner to exhaust the Confrontation Clause claim in 28 1 the California courts; and (2) if such a procedure does exist, whether proceedings in this 2 case should be stayed to allow petitioner to exhaust. Petitioner is ORDERED to file an 3 opening brief addressing those issues no later than twenty-eight days from the date of this 4 order. Respondent is ORDERED to file a response within fourteen days of the filing of 5 petitioner’s opening brief. Petitioner may file a reply, if any, within seven days of 6 respondent’s response. 7 IT IS SO ORDERED. 8 9 Dated: June 20, 2012. PHYLLIS J. HAMILTON United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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