Braziel v. Stephens, Director TDCJ-CID

Filing 48

MEMORANDUM OPINION AND ORDER: Respondent's motion to cancel the evidentiary hearing and alternative motion to limit the scope of evidentiary development (ECF No. 42 ) is DENIED IN PART and GRANTED IN PART as follows. Respondent's request t hat the Court hold the evidentiary hearing is prohibited by 28 U.S.C. § 2254(e)(2) (Mot. at 2-13) is DENIED without prejudice to its reconsideration when the Court decides whether evidence presented at the hearing may be considered in deciding t he merits of a claim that is shown to come within an exception to procedural bar. Respondent's alternative request to exclude the live testimony of witnesses other than trial counsel and state habeas counsel (Mot. at 13) is GRANTED. (Ordered by Judge Barbara M.G. Lynn on 4/15/2014) (ctf)