Allison, et al v. Robert Wong, Acting Warden
| Watson Allison |
| Robert Wong and Jeanne Woodford |
| 2:1992cv06404 |
| July 27, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Christina A. Snyder |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing
395
JUDGMENT by Judge Christina A. Snyder. IT IS HEREBY ADJUDGED that the petition for writ of habeas corpus by a person in state custody under a sentence of death 49 is GRANTED IN PART AND DENIED IN PART. (See attached Judgment for further details). T he Court ORDERS the State of California either to grant petitioner a new trial on the special circumstance allegations and, if appropriate, the penalty phase verdict, or to vacate the special circumstance findings and the sentence of death and to re-sentence petitioner in accordance with California state law and the United States Constitution. (MD JS-6, Case Terminated). (jp)
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Filing
373
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Pursuant to Rule 7(a) of the Rules Governing Section 2254 Cases in the United States District Courts, Respondent's application for leave to lodge the transcript of the Bonner Habeas Hearing [37 1] is GRANTED. Respondent shall lodge the complete clerk's transcript, reporter's transcript, and any other documents related to the Bonner Habeas Hearing no later than 8/10/2009. Respondent shall file proof of service listing the documents personally served on petitioner's counsel in compliance with this order no later than 8/11/2009. No portion of the Bonner habeas files which has been lodged with the Court, but which has not been served on petitioner's counsel, in complian ce with this order will be considered by the Court in adjudicating petitioner's claims. Petitioner shall have until and including 8/21/2009 in which to serve and file objections to the Court's consideration of the materials respondent has s erved on petitioner's counsel pursuant to this order. Respondent may file a response to petitioner's objections no later than 8/31/2009. Petitioner's request for an extension of time in which to serve and file Petitioner's Reply to Response to Petitioner's Merits Brief 369 is GRANTED. Petitioner shall have until and including 8/31/2009. Court Reporter: Not Present. (gk)
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Filing
295
ORDER ON RESPONDENT'S MOTION IN LIMINE by Judge Christina A. Snyder: The Court finds that a blanket order excluding at the outset of the evidentiary hearing the items of evidence which are the subject of Respondent's Motion in Limine to Exc lude Evidence Pertaining to Samuel Bonner's State Court Habeas Proceedings 285 is not appropriate, especially in view of the fact that the Court has neither seen the proffered testimony or items of evidence in question nor heard an offer of pr oof on the purposes for which the testimony and items are to be offered. Therefore, the Court DENIES respondent's motion in limine. However, that denial is without prejudice to respondent raising specific objections to specific testimony or evidence at the time the testimony or evidence is offered. (gk)
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