The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER AFTER TELEPHONIC STATUS CONFERENCE
ORDER SETTING EVIDENTIARY HEARING
ORDER SETTING OTHER DEADLINES
Petitioner is a state prisoner proceeding with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303.
On April 20, 2010, at 10:00 a.m, a telephonic status conference was held in which Carolyn D. Phillips participated on behalf of Petitioner, and Paul Edward O'Connor of the office of the Attorney General of the state of California participated on behalf of Respondent.
The parties discussed the scope of the issue remanded by the Ninth Circuit Court of Appeals for an evidentiary hearing and agreed that it included the claim that Petitioner's trial counsel slept through critical stages of the trial and suffered fatigue during argument.
Counsel agreed that one-half day was sufficient for the hearing, at which counsel anticipated examining no more than several witnesses, including Petitioner, who is housed at Corcoran; the defense attorney, George Wright Quick; the trial judge, the Honorable Clarence Westra; and Jared Hamilton, the prosecutor, whose testimony might become the subject of a stipulation or declaration.
Counsel agreed that argument and briefing should occur after the hearing, at which time a schedule shall be set for receipt of the transcript and the filing of briefing.
The Court confirmed that telephonic appearances would be sufficient for the hearing of any motions that might be filed before the evidentiary hearing.
Accordingly, it IS ORDERED that
1) The evidentiary hearing in this matter IS SET for September 9, 2010, at l:00 p.m., before the undersigned ...