Yates v. Sinclair
ORDER granting Plaintiff's 99 Motion for Reliance on Evidence ; No later than ten (10) days from the date of this Order the parties shall submit a proposed briefing schedule, by Judge Ricardo S Martinez. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ROBERT LEE YATES, JR.,
Case No. C13-0842RSM
STEPHEN D. SINCLAIR,
ORDER ON PETITIONER’S MOTION TO
AUTHORIZE RELIANCE UPON
EVIDENCE PRESENTED DURING THE
THIS IS A CAPITAL CASE
THIS MATTER came before the Court on Petitioner’s Motion to Authorize Reliance
Upon Evidence Presented during the Evidentiary Hearing. Dkt. #99. Petitioner asks the
Court to allow him to rely on evidence admitted at his recent evidentiary hearing, when
prosecuting his current habeas petition. Id. The Court finds this motion wholly unnecessary.
As Respondent has noted, the Court previously ruled that three of Petitioner’s habeas claims –
claims 2, 6, and 10 from his First Amended Petition – warranted further factual development
and therefore the Court conducted an evidentiary hearing concerning those three claims on
March 6-7, 2017. Dkt. #100 at 1. In its Order directing that the hearing be conducted, the
Court informed the parties that it would consider evidence from that hearing when evaluating
See Dkt. #64.
Indeed, that was the very purpose of the hearing.
Moreover, Respondent agrees the Court may consider the testimony and evidence presented at
the evidentiary hearing. Dkt. #100 at 1. Thus, it is not clear why Petitioner filed the instant
ORDER – 1
motion. However, since there are no objections, and to make the record clean, the Court will
grant Petitioner’s motion.
In addition, it now appears that both parties agree no second amended habeas petition
is required as a result of the evidentiary hearing. Dkts. #99 and #100.
Accordingly, the Court hereby ORDERS:
1. Plaintiff’s Motion for Reliance on Evidence (Dkt. #99) is GRANTED.
2. No later than ten (10) days from the date of this Order the parties shall
submit a proposed briefing schedule setting forth a timeline for any
supplemental briefing on Petitioner’s existing Claims 2, 6 and 10 as a result of
the evidentiary hearing, and for Petitioner’s Reply brief. Once a proposed
briefing schedule has been received, the Court will review the proposal and
issue an Order setting a briefing schedule and replacing Petitioner’s habeas
petition for consideration on the Court’s motion calendar.
DATED this 30 day of May, 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
ORDER – 2
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