Pouncy v. Palmer

Filing 362

ORDER Directing Disclosure of Witnesses and Exhibits at Evidentiary Hearing. Signed by District Judge Matthew F. Leitman. (HMon)

Case 2:13-cv-14695-MFL-LJM ECF No. 362, PageID.13414 Filed 12/07/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR RASHAD POUNCY,
Petitioner,

Case No. 13-cv-14695
Hon. Matthew F. Leitman

v.
CARMEN D. PALMER,
Respondent.
__________________________________________________________________/
ORDER DIRECTING DISCLOSURE OF WITNESSES
AND EXHIBITS AT EVIDENTIARY HEARING
On January 8, 2020, the Court will be conducting a video evidentiary hearing
in connection with Petitioner Omar Pouncy’s claim for relief under Lafler v. Cooper,
566 U.S. 156 (2012). Both parties will have the opportunity to present witness
testimony and to introduce exhibits during the hearing. IT IS HEREBY ORDERED
THAT:
1.

By not later than December 21, 2020, each party shall file on the docket

a list of the witnesses that party intends to call at the evidentiary hearing.
2.

By not later than December 29, 2020, each party shall file on the docket

a list of the proposed exhibits that party intends to offer into evidence at the
evidentiary hearing. By that same date, each party shall serve a copy of the listed
exhibits on the other party. In addition, each party must take whatever steps are

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Case 2:13-cv-14695-MFL-LJM ECF No. 362, PageID.13415 Filed 12/07/20 Page 2 of 2

necessary to ensure that a full set of its proposed exhibits is delivered to the Court
by not later than January 6, 2021, so that the Court has physical copies of all of the
proposed exhibits before the hearing.
3.

Because all witnesses will be appearing by video, each party shall take

whatever steps are necessary prior to the hearing to ensure that its witnesses have
the video equipment, software programs and internet access required to participate
in the hearing. Counsel for Respondent is directed to work cooperatively with
counsel for Pouncy to ensure that the MDOC makes the arrangements necessary for
Pouncy (a) to have sufficient confidential access to his attorneys by telephone, prior
to the hearing, to reasonably prepare to testify at the hearing and (b) to testify at the
hearing. 
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 7, 2020
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on December 7, 2020, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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