Marks v. Martel

Filing 57

ORDER RE CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 8/6/2015. (lhklc3, COURT STAFF) (Filed on 8/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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DELANEY GERAL MARKS,
Petitioner,

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v.

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RON DAVIS, Acting Warden of California
State Prison at San Quentin,

Case No. 11-CV-02458-LHK
DEATH PENALTY CASE
ORDER RE CASE MANAGEMENT
CONFERENCE

Respondent.

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The Court is in receipt of the parties’ joint case management statement in preparation for

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the case management conference scheduled to be held on August 13, 2015, at 1:30 p.m. Absent an

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extraordinary reason, the Court is not inclined to entertain Petitioner’s potential motion for leave

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to file a motion for reconsideration of the Court’s Order of June 25, 2015.

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The Court has also reviewed the Petition and other records in this matter. For the purposes

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of efficiency, and to avoid the need for oversize briefs, the Court hereby ORDERS the parties to

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meet and confer and submit a briefing schedule to resolve the record-based claims in the Petition.1

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Furthermore, Jones v. Chappell, 31 F. Supp. 3d 1050 (C.D. Cal. 2014), which held that inordinate

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The parties originally agreed that Petitioner would file a motion for evidentiary hearing
on all claims; the Court finds that is not the most prudent way to proceed at this juncture.
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Case No. 11-CV-02458-LHK
ORDER RE CASE MANAGEMENT CONFERENCE

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delay in California’s death system violates the Eighth Amendment’s prohibition against cruel and

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unusual punishment, is currently on appeal to the Ninth Circuit. Since Jones may impact

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Petitioner’s penalty phase claims, the parties should first brief Petitioner’s record-based guilt

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phase claims.

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The parties’ proposed litigation schedule should be submitted to the Court no later than

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Tuesday, August 11, 2015.

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IT IS SO ORDERED.

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Dated: August 6, 2015
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 11-CV-02458-LHK
ORDER RE CASE MANAGEMENT CONFERENCE