Garcia v. Stephens, Director TDCJ-CID

Filing 74

MEMORANDUM OPINION AND ORDER: Respondent's motion to cancel the evidentiary hearing and alternative motion to limit the scope of evidentiary development (ECF No. 68 ) is DENIED IN PART and GRANTED IN PART as follows. Respondent's request that the Court hold the evidentiary hearing is prohibited by 28 U.S.C. § 2254(e)(2) (Mot. at 3-12) is DENIED without prejudice to its reconsideration when the Court decides whether evidence presented at the hearing may be considered in addres sing the merits of a claim that is shown to come within an exception to procedural bar. Respondent's request to exclude evidence pertaining to the claim that was denied on the merits by the state court (Mot. at 12-13) is GRANTED. Respondent� 39;s request to exclude any claim not presented in these proceedings (Mot. at 13-14) is GRANTED to the extent that the hearing is limited to claims presented in these proceedings within the limitations period. Respondent's request to exclude the live testimony of witnesses other than trial counsel and state habeas counsel (Mot. at 15) is also GRANTED. The remainder of Respondent's motion is DENIED. (Ordered by Judge Barbara M.G. Lynn on 4/15/2014) (twd)