Crew v. Chappell, CV-12-4259-YGR. (2017)
Court: District Court, N.D. California
Number: infdco20170724635
Visitors: 17
Filed: Jul. 21, 2017
Latest Update: Jul. 21, 2017
Summary: STIPULATION RE BRIEFING (DEATH PENALTY CASE) YVONNE GONZALEZ ROGERS , District Judge . By this Court's order of February 9, 2016, (Dkt. 48), the parties were directed to brief claims designated as record based, and briefing on claims that Petitioner identified as requiring an evidentiary hearing was to be completed after resolution of the record based claims. Four of the claims initially identified in the first category allege cumulative error and prejudice (Claim 20 — cumulative prosecuto
Summary: STIPULATION RE BRIEFING (DEATH PENALTY CASE) YVONNE GONZALEZ ROGERS , District Judge . By this Court's order of February 9, 2016, (Dkt. 48), the parties were directed to brief claims designated as record based, and briefing on claims that Petitioner identified as requiring an evidentiary hearing was to be completed after resolution of the record based claims. Four of the claims initially identified in the first category allege cumulative error and prejudice (Claim 20 — cumulative prosecutor..
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STIPULATION RE BRIEFING (DEATH PENALTY CASE)
YVONNE GONZALEZ ROGERS, District Judge.
By this Court's order of February 9, 2016, (Dkt. 48), the parties were directed to brief claims designated as record based, and briefing on claims that Petitioner identified as requiring an evidentiary hearing was to be completed after resolution of the record based claims.
Four of the claims initially identified in the first category allege cumulative error and prejudice (Claim 20 — cumulative prosecutorial misconduct at penalty phase; Claim 36 — cumulative prosecutorial misconduct at the penalty phase; Claim 43 — trial counsel's cumulative ineffective assistance; Claim 47 — cumulative error of all claims.) Because some of the issues encompassed by these four claims are contained in the group of evidentiary hearing claims, the parties propose the following stipulation:
Claims 20, 36, 43 and 47 will be removed from the group of claims presently being briefed and decided by the Court and added to the group of claims in which an evidentiary hearing is being sought to be briefed as part of that portion of the case.
I, Evan Young, declare under penalty of perjury that I have obtained the concurrence of Glenn Pruden in the filing of this document.
Source: Leagle
