Dennis v. Ayers

Filing 254

ORDER BIFURCATING EVIDENTIARY HEARING. Signed by Judge Jeremy Fogel on 6/24/2010. (jflc2, COURT STAFF) (Filed on 6/24/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: June 24, 2010 v. Vince CULLEN,1 Acting Warden of San Quentin State Prison, Respondent. William Michael DENNIS, Petitioner,

**E-Filed 6/24/2010**

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case Number 5-98-cv-21027-JF DEATH-PENALTY CASE ORDER BIFURCATING EVIDENTIARY HEARING

Good cause appearing therefor, the evidentiary hearing in the instant action currently scheduled to begin on December 6, 2010 is hereby bifurcated. The first phase of the evidentiary hearing will address only mental-health claims--to wit: Claims 3, 11, and 17. Unless otherwise ordered, the parties shall call only medical and legal professionals to testify at the mental-health phase of the evidentiary hearing. Counsel for Petitioner shall contact the Criminal Justice Act Supervising Attorney forthwith to continue efforts to develop a reasonable budget for the mentalhealth phase of the evidentiary hearing and pre-hearing preparation. IT IS SO ORDERED.

_______________________________ JEREMY FOGEL United States District Judge

Vince Cullen is automatically substituted for Robert L. Ayers Jr. and Robert K. Wong pursuant to Federal Rule of Civil Procedure 25(d).
C ase No. 5-98-cv-21027-JF O R D E R BIFURCATING EVIDENTIARY HEARING (D P S A G O K )

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