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Blair v. Ayers

February 19, 2009

JAMES NELSON BLAIR, PETITIONER,
v.
ROBERT L. AYERS, JR., WARDEN, CALIFORNIA STATE PRISON AT SAN QUENTIN, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Honorable Oswald Parada United States Magistrate Judge

DEATH PENALTY CASE

Joint Stipulation for Protective Order for Testimony and Declarations Regarding Petitioner's Competency AND ORDER

INTRODUCTORY STATEMENT

This Court has scheduled the hearing to "determin[e] Blair's competence to assist his counsel in accordance with Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir. 2003)" to begin September 30, 2008. Some of the information relied upon by the experts, and potentially some additional evidence, is protected by the attorney-client privilege and/or work product doctrine. The parties agree that said information should remain confidential, except as otherwise indicated in this stipulation. Accordingly, the parties stipulate as follows:

JOINT STIPULATION

Hereafter, Petitioner and Respondent, through their respective counsel, stipulate to the following:

Pursuant to Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003), this Court shall enter a protective order:

1. All information that is privileged under the attorney-work product doctrine and is attorney-client communication produced or presented in this action may be used only for purposes of litigating Petitioner's competency to assist counsel or other mental health or mental state claims for state and federal habeas relief:

(a) Petitioner and the members of the legal team, i.e., lawyers, paralegals, investigators, and support staff, assigned to Blair v. Ayers, No. CV 99-6859-VAP (OP), and persons retained by Petitioner's counsel to assist in habeas corpus proceedings involving the Petitioner, including, but not limited to, outside investigators, consultants and expert witnesses; and

(b) Respondent and the members of the legal team, i.e., lawyers, paralegals, investigators, and support staff, to Blair v. Ayers, No. CV 99-6859-VAP (OP), and persons retained by Respondent's counsel to assist in litigating the instant Dusky/Gates competency hearing, including, but not limited to, outside investigators, consultants and expert witnesses.

2. This Protective Order extends to members of the legal teams and all persons retained by the parties to litigate Blair v. Ayers, No. CV 99-6859-VAP (OP). All such individuals shall be provided with a copy of this Protective Order.

3. All privileged information that is presented in court shall be heard in a courtroom closed to the public. All transcripts from these proceedings shall be requested by only present counsel (the Federal Public Defender and the California Attorney General) for Petitioner and Respondent. All transcripts from these proceedings shall be filed under seal.

4. Except for disclosure to the persons and agencies described in Paragraph 1, disclosure of the documents, the contents of the documents, and testimony concerning the documents or their contents shall not be made to any other persons or agencies, including, but not limited to, prosecutorial agencies and law enforcement personnel, without the Court's order.

5. Any privileged information shall be clearly designated as such, when presented at any evidentiary hearing, by labeling the documents in a manner that does not prevent reading the text of the document. For example, documents such as counsel's correspondence with Petitioner, the report by Richard G. Dudley, Jr., M.D., and his ...


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