Tracy Cain v. Jeanne Woodford
| Tracy Dearl Cain |
| Jeanne Woodford |
| Katherine Froyen Black and Death Penalty H/C Law Clerks |
| 2:1996cv02584 |
| March 14, 2011 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Audrey B. Collins |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
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Filing
319
JUDGMENT by Judge Audrey B. Collins, in favor of Jeanne Woodford against Tracy Dearl Cain: Pursuant to the Order Denying Third Amended Petition for Writ of Habeas Corpus issued simultaneously with this Judgment, IT IS HEREBY ORDERED AND ADJUDGED tha t the Petition is denied with prejudice and judgment is entered in favor of Respondent and against Petitioner. The Order constitutes final disposition of the Petition by the Court. The Clerk is ordered to enter this judgment. (MD JS-6, Case Terminated). (bm)
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Filing
282
MINUTE: (IN CHAMBERS) ORDER RE: MOTION FOR EVIDENTIARY HEARING 275 AND SUPPLEMENTAL BRIEFING: On March 14, 2011, the Court issued an Order Granting in Part and Denying in Part Motion for Evidentiary Hearing. Those portions of the Order granting an evidentiary hearing on Claims 1(1), 1(2), 2(1), 2(11), 2(12), 2(17), 2(18), 8(3)(A), 10(6), 10(9), 10(10), 10(11), 10(13), 10(14), 10(17), 10(18), and 18, or portions thereof, are hereby VACATED. The Court LIFTS the stay on the remainder of the Order . On April 4, 2011, the United States Supreme Court issued an decision in Cullen v. Pinholster, 563 U.S. ___, 2011 WL 1225705, holding that review under 28 U.S.C. § 2254(d)(1) is limited to therecord that was before the state court that adjudica ted the claim on the merits. On or before May 30, 2011, petitioner shall file a supplemental brief, not to exceed fifteen pages, addressing his entitlement to an evidentiary hearing in view of Cullen v. Pinholster. Respondent shall file any opposition, not to exceed fifteen pages, by June 30, 2011. Petitioner shall file any reply in support of his supplemental brief, not to exceed ten pages, by July 15, 2011IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
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Filing
275
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR EVIDENTIARY HEARING by Judge Audrey B. Collins granting in part and denying in part 256 Motion: For the foregoing reasons, the Court hereby orders as follows: 1. Petitioner's Motion for an Evidentiary Hearing is GRANTED IN PART. The Court will hold an evidentiary hearing on: a. Claims 1(2) and Claim 2(11) as to hair comparison evidence; b. Claims 2(1), 10(6), 10(9), 10(10), 10(11), 10(13), and 10(14) as to whether counsel obtained adeq uate mental health expert assistance and adequately investigated and presented petitioners background, employment history, and mental impairments; c. Claims 2(12), 10(6), 10(9), and 10(13) as to Mendoza's alleged attempts to create an alibi; d. Claims 1(1), 2(12), 10(6), 10(9), and 10(13) as to Mendoza's alleged criminal history; e. Claim 1(2) as to District Attorney Investigator David Stone and Detective Billy Tatum; f. Claims 2(12), 2(17), and 10(13) as to witnesses Tammy and Jennife r O'Neil; and g. Claims 2(18), 8(3)(A), 10(17), 10(18), and 18, to the limited extent that the alleged facts supporting those Claims will be heard through underlying Claims identified above. 2. In all other respects, the motion is DENIED. Petiti oner's request for an evidentiary hearing on Claim 8(4) is denied without prejudice. 3. Claims 1(3), 2(2), 2(7), 2(13), 3(1), 10(1), 10(2), 10(3), 10(5), 10(7), 10(8), 10(12), 10(15), 10(16), 11(11), and 13, and portions of Claims 1(2), 2(1), 2( 11), 2(12), 2(14), 2(17), 10(6), 10(9), and 10(13) are DENIED. 4. No later than April 8, 2011, the parties shall file a joint report providing: a. proposed briefing schedules for any motions in limine; b. an estimate of the number of hours needed by Petitioner and by Respondent for the presentation of evidence at the hearing; and c. an estimate of the date by which the parties will be prepared for the evidentiary hearing and two suggested dates for the commencement of the hearing. (see document for further details) (bm)
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