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Francis Hernandez v. Michael Martel

August 16, 2011

FRANCIS HERNANDEZ, PETITIONER,
v.
MICHAEL MARTEL,*FN1 ACTING WARDEN, CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT.



The opinion of the court was delivered by: Ronald S. W. Lew United States District Judge

DEATH PENALTY CASE ORDER RE OBJECTIONS

The parties have made various objections to evidence submitted as part of the evidentiary hearing. Many of these are not true evidentiary objections but objections to the arguments of counsel. The Court need not rule on these objections, as the Court has considered all of the arguments presented by the parties in addressing each claim. Having considered the parties' briefs, the Court hereby orders as follows:

1. Respondent's objection to the March 27, 1990 declaration of Dorothy Otnow Lewis as unreliable is OVERRULED. The declaration is admissible pursuant to Federal Rule of Evidence 703.

2. Respondent's objection to ¶ 34 of CDD*fn2 as "solely derived from" the March 27, 1990 declaration of Dr. Lewis is OVERRULED.

The Court has overruled respondent's objection to Dr. Lewis's declaration. Moreover, the record belies respondent's assertion that ¶ 34 is based only on information contained in Dr. Lewis's March 27, 1990 declaration.

3. Petitioner's objection to CDNS*fn3 at 135:1-136:27 and Ex. 38 (P01149-1152) is OVERRULED.

4. Petitioner's objection to CDNS at 132:24-133:5 and Ex. 38 (P3439-3443) is OVERRULED.

5. Petitioner's objection to CDNS at 3:9-11 and 1 CDD 49 is OVERRULED.

6. Petitioner's objection to CDNS 3:15-18 and 1 CDD 51, 52 is OVERRULED.

7. Petitioner's objection to CDNS at 4:11-14, 1 CDD 56, 57 is OVERRULED.

8. Petitioner's objection to CDNS at 4:15-17, 1 CDD 58 is OVERRULED.

9. Petitioner's objection to CDNS at 6:19-9:17 and Ex. 38 (P00517-19) is SUSTAINED to the extent the evidence is offered to prove petitioner's mental state at the time of the crime.

10. Petitioner's objection to CDNS at 9:18-24 and Ex. 38 (P01967-69) is SUSTAINED to the extent the evidence is offered to prove petitioner's mental state at the time of the crime.

11. Petitioner's objection to CDNS at 9:25-10:7 and Ex. 38 (P00520-24) is SUSTAINED to the extent the evidence is offered to prove petitioner's mental state at the time of the crime.

12. Petitioner's objection to CDNS at 11:4-18 and Ex. 38 (P0751) is OVERRULED.

13. Petitioner's objection to CDNS at 11:11-12:20 and Ex. 38 (P01213-16) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

14. Petitioner's objection to CDNS at 12:22-13:8 and Ex. 38 (P01210) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

15. Petitioner's objection to Ex. 38 (P00814-15) is SUSTAINED to the extent that it is offered to prove petitioner's mental state at the time of the crime.

16. Petitioner's objection to CDNS at 14:7-15:20, 41:3-11, 138:6-27 and Ex. 38 (P00444-50) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

17. Petitioner's objection to CDNS at 15:22-18:6, 46:1010, 61:4-62:3 and Ex. 38 (P00539-43, P00839-43) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

18. Petitioner's objection to CDNS at 18:7-23, 60:18-61:3 and Ex. 38 (P00547-50) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

19. Petitioner's objection to CDNS at 18:24-19:4 and Ex. 38 (P00529-31) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

20. Petitioner's objection to CDNS at 19:15-20 and Ex. 38 (P00532-33) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

21. Petitioner's objection to CDNS at 19:21-20:8 and Ex. 38 (P0033) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

22. Petitioner's objection to CDNS at 20:9-18 and Ex. 38 (P00438) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

23. Petitioner's objection to CDNS at 20:19-28 and Ex. 38 (P00504) to is SUSTAINED the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

24. Petitioner's objection to CDNS at 21:2-9 and Ex. 38 (P00215) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime or his relationship with his parents.

25. Petitioner's objection to CDNS at 21:10-15 and Ex. 38 (P00228) to is SUSTAINED the extent that the evidence is offered to prove petitioner's mental state at the time of the crime.

26. Petitioner's objection to CDNS at 21:16-27 and Ex. L-1 (P00822-23) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime or his relationship with his parents.

27. Petitioner's objection to CDNS at 21:28-22:19 and Ex. 38 (P01067-76) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime or his relationship with his parents.

28. Petitioner's objection to CDNS at 20:20-24:19, 43:27-46:11 and Ex. 38 (P01096-1106) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of the crime or his relationship with his parents.

29. Petitioner's objection to CDNS at 24:20-25:8 and Ex. 38 (P01109-1110) is SUSTAINED to the extent that the evidence is offered to prove petitioner's mental state at the time of ...


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