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Hampton v. Kramer

November 13, 2008

ARMSTER HAMPTON, PETITIONER,
v.
M.C. KRAMER, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

Petitioner, Armster Hampton, is a state prisoner presently proceeding with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 16, 2008, this Court granted Petitioner's request for a limited evidentiary hearing "on his claim of ineffective assistance of counsel during the plea bargaining stage of the proceedings against him." (Doc. 52 at 10.) On November 4, 2008, the Court granted Petitioner's motion for the Court to appoint him counsel for the evidentiary hearing. (Doc. 55.) The Court also vacated the evidentiary hearing date (and corresponding deadlines) pending the appointment of counsel. (Id.)

IT IS HEREBY ORDERED THAT:

1. Henry C. Su, SBN 211202, is appointed counsel for Petitioner.

2. The evidentiary hearing date is set for Tuesday, February 10, 2009 at 11:00 a.m. before the undersigned, in a courtroom to be determined.

The parties shall prepare for the hearing in accordance with the terms set forth in this order:

On or before Monday, January 12, 2009, each party shall provide to the Court and opposing party a witness list, including addresses and telephone numbers. Each party may call any witnesses designated by the other.

1. No other witness will be permitted to testify unless:

a. The party offering the witness demonstrates that the witness is for the purpose of rebutting evidence which could not be reasonably anticipated prior to the evidentiary hearing.

b. The witness was discovered after the exchange of witnesses and the proffering party makes the showing required in "2" below.

2. Within the thirty-day period prior to the evidentiary hearing, the parties shall promptly inform the Court and opposing parties of the existence of the unlisted witnesses so that the Court may consider at the evidentiary hearing whether the witnesses shall be permitted to testify. The witnesses will not be permitted unless:

a. The witnesses could not reasonably have been discovered prior to the exchange of witness lists;

b. The Court and the opposing party were promptly notified upon ...


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