Crew v. Martel et al

Filing 54

STIPULATION AND ORDER re Briefing 53 Stipulation filed by Mark Christopher Crew. Signed by Judge Yvonne Gonzalez Rogers on 7/21/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/21/2017)

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Attorneys for Petitioner
MARK CHRISTOPHER CREW

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Gonzale
e Yvonne

z R o ge r s

7/21/2017

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Judg

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NO

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EVAN YOUNG, SB # 112201
Attorney at Law
2625 Alcatraz Ave., PMB # 252
Berkeley, CA 94705
Telephone: [phone]
Facsimile: [phone]

D IS T IC T
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IT IS S

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ANDREW PARNES, SB #83921
Attorney at Law
671 First Avenue North
Post Office Box 5988
Ketchum, ID 83340
Telephone: [phone]
Facsimile: [phone]

UNIT
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OF

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
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Petitioner,
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v.
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KEVIN CHAPPELL, Warden of
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San Quentin State Prison,
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Respondent.
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______________________________________)
MARK CHRISTOPHER CREW,

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STIPULATION RE BRIEFING
(DEATH PENALTY CASE)

By this Court’s order of February 9, 2016, (Dkt. 48), the parties were directed to

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CASE NO.: CV-12-4259-YGR

brief claims designated as record based, and briefing on claims that Petitioner identified as
requiring an evidentiary hearing was to be completed after resolution of the record based
claims.
Four of the claims initially identified in the first category allege cumulative error
and prejudice (Claim 20 – cumulative prosecutorial misconduct at penalty phase; Claim 36
– cumulative prosecutorial misconduct at the penalty phase; Claim 43 – trial counsel's
cumulative ineffective assistance; Claim 47 – cumulative error of all claims.) Because
some of the issues encompassed by these four claims are contained in the group of
Stipulation re Briefing
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evidentiary hearing claims, the parties propose the following stipulation:
Claims 20, 36, 43 and 47 will be removed from the group of claims presently being

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briefed and decided by the Court and added to the group of claims in which an evidentiary

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hearing is being sought to be briefed as part of that portion of the case.

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Dated this 21st day of July, 2017.

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/s/ ___________________
Evan Young
Andrew Parnes
Attorneys for Mark Crew

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I, Evan Young, declare under penalty of perjury that I have obtained the
concurrence of Glenn Pruden in the filing of this document.

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Executed this 21st day of July, 2017, in Oakland, California.
Dated this 21st day of July, 2017.

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/s/________________________
Glenn Pruden
Supervising Deputy Attorney General

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Stipulation re Briefing

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CERTIFICATE OF ELECTRONIC FILING AND SERVICE
I HEREBY CERTIFY that on July 21, the foregoing Stipulation re Record was

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electronically filed with the Clerk of the Court, and the following person was served

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electronically, using the CM/ECF system:

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Glenn Pruden
Supervising Deputy Attorney General
[e-mail]

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/s/ Evan Young

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Evan Young
Attorney for Petitioner

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Stipulation re Briefing

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