IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 17, 2008
LARRY J. WEBSTER, PETITIONER,
STRIKE ROBERT L. AYERS, WARDEN OF THE CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT.
DEATH PENALTY CASE ORDER RE MOTION TO EVIDENCE AND SCHEDULING
This capital habeas action came before the Court on November 7, 2008, for argument on respondent's Motion to Exclude and/or Strike Evidence and for a status conference. Deputy Attorney General Catherine Chatman appeared on behalf of respondent. James S. Thomson and Timothy J. Foley appeared on behalf of petitioner.
Having considered the written materials submitted in connection with the motion and the status conference, and after hearing from the parties, and good cause appearing, the Court orders as follows:
1. The Motion to Exclude and/or Strike Evidence is Denied for reasons expressed on the record.
2. The scheduling order is modified as follows:
A. Depositions on the appellate process claim shall be completed by February 13, 2009.
B. The post-evidentiary briefing on the appellate process claim shall proceed as follows: The petitioner shall file a brief by April 14, 2009; the respondent shall file a brief by May 15, 2009; the petitioner shall file any reply brief by June 1, 2009.
C. A telephonic status conference is set for January 15, 2009, at 9:00.
D. The hearing currently set for December 10, 2008, is vacated.
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