Barajas v. Lewis

Filing 8

ORDER Requesting Further Briefing. Signed by Judge Lucy H. Koh on 1/27/2012. (lhklc1, COURT STAFF) (Filed on 1/27/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ALEX BARAJAS,

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Petitioner,

United States District Court
For the Northern District of California

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v.

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GREG LEWIS,

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Respondent.

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Case No.: 10-CV-2974-LHK
ORDER REQUESTING FURTHER
BRIEFING

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The parties are hereby requested to provide further briefing on whether, if the Court were to

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find that the relevant “kill zone” jury instruction, CALCRIM No. 600, was unconstitutional, such

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constitutional error “‘had a substantial and injurious effect or influence in determining the jury’s

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verdict.’” Fry v. Pliler, 551 U.S. 112, 116, 122 (2007) (quoting Brecht v. Abrahamson, 507 U.S.

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619, 638 (1993)).

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Petitioner shall file a brief, not to exceed 5 pages, by March 1, 2012.

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Respondent shall file an opposition, not to exceed 5 pages, by March 15, 2012.

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Petitioner shall file a reply, not to exceed 3 pages, by March 22, 2012.

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IT IS SO ORDERED.
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Dated: January 27, 2011

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LUCY H. KOH
United States District Judge

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Case No.: 10-CV-2974-LHK
ORDER REQUESTING FURTHER BRIEFING