Roberts v. Ayers, et al
| Larry - Roberts |
| Robert L. Ayers |
| 2:1993cv00254 |
| February 18, 1993 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Marin |
| Dale A. Drozd |
| Garland E. Burrell |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
569
ORDER signed by District Judge Dale A. Drozd on 10/28/2022 CONDITIONALLY GRANTING the Application for Writ of Habeas Corpus as to Claims 1 & 7. Petitioner's Guilty Verdict shall be VACATED unless the State commences a new trial within a reasona ble time. Petitioner's Application for Relief from the guilty verdict returned at the guilt phase of his trial is DENIED in all other respects. The court ISSUES a certificate of appealability on claim 29. Petitioner's 559 & 560 Motions under Federal Rule of Civil Procedure 54(b) for final judgment on claim 1 is denied as moot. CASE CLOSED. (Donati, J)
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Filing
544
ORDER, signed by District Judge Dale A. Drozd on 7/19/2016. (Within two weeks of the filed date of this order, petitioner shall file a memorandum of points and authorities addressing the tentative ruling set forth. Within two weeks of the filing of petitioner's memorandum, respondent shall file a responsive memorandum.)(Gaumnitz, R)
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Filing
542
ORDER, signed by District Judge Dale A. Drozd on 5/2/2016. (Within ten days of the filed date of this order, respondent shall either direct the court to the location in the record lodged with this court of the newspaper clippings which were filed with the trial court in support of petitioner's motion for a change of venue, provide copies of them to this court, or otherwise respond to the court's inquiry as appropriate.)(Gaumnitz, R)
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Filing
536
ORDER, signed by District Judge Dale A. Drozd on 3/14/2016. (1. Within thirty days of the date of this order, petitioner shall file a memorandum of points and authorities addressing the issues involving the credibility of trial witness Raybon Long. 2. Within fourteen days of the filing of petitioner's brief, respondent shall file an opposition brief. 3. Within seven days of respondent's opposition, petitioner may, file a reply brief.) (Gaumnitz, R)
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Filing
535
ORDER granting Petitioner's 530 Motion for Reassignment, signed by Chief Judge Morrison C. England, Jr., on 12/8/15. This case is hereby REASSIGNED to District Judge Dale A. Drozd for disposition. (Kastilahn, A)
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Filing
519
STIPULATION and ORDER Setting Forth Briefing Schedule signed by Magistrate Judge Dale A. Drozd on 6/16/2014 and agreed between the parties. Respondent shall file a supplemental brief in support of Answer on Non-Evidentiary Hearing Claims on or before 11/13/14; Petitioner shall file a supplemental brief in support of Traverse on Non-Evidentiary Hearing Claims on or before 2/11/2015. (Yin, K)
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Filing
513
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 5/29/14 ORDERING that in preparing briefing on petitioner's evidentiary hearing claims, the parties contemplate that they may wish to cite and rely on various exhibits that have been previously sealed. Accordingly, the parties stipulate that exhibits 101, 102, 104, 203, 204, 205, 207, 213, 226, 227, 228, 232, 234, 305, 306, 307, 308, 309 and 361, which were filed on December 15, 2010 in support of petitioner's Motion for Evidentiary Hearing (Doc. 369), may be utilized for the sole purpose of briefing the issues presently before the Court. This stipulation and order does not modify this Court's previous protective orders (Docs. 460 and 493), or otherwise permit any other use of the above-referenced exhibits.(Becknal, R)
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Filing
509
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 3/11/14 ORDERING that Petitioners Evidentiary Hearing Exhibits 7, 8, 27, 38, 39, 42, 43, 44 and 49 shall be unsealed and may be used in briefing for the purposes of this litigation.(Dillon, M)
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Filing
503
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 02/11/14 ordering petitioner shall lodge all depositions with the Court on or before Thursday, 05/16/14. Petitioner shall file his opening brief on the merits of the evidentiary hearing claims on or before Monday, 06/16/14. Respondent shall file his opposition brief on or before Friday, 08/15/14. Petitioner shall file his reply brief on or before Monday, 09/15/14. (Plummer, M)
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Filing
494
ORDER signed by Magistrate Judge Dale A. Drozd on 1/09/14 ordering that petitioner's 1/03/14 application for writ of habeas corpus ad testificandum 490 is denied. (Plummer, M)
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Filing
487
ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/13 ORDERING that by January 6, 2013, petitioner shall submit a letter to the court regarding the proposed method for the taking of Mr. Estens testimony. Petitioners counsel shall e-mail the letter to dadorders@caed.uscourts.gov and copy respondents counsel on that e-mail. A copy of the subpoena for Mr. Kirk shall also be provided to the court by e-mail submission or fax. The evidentiary hearing will begin on Monday, January 13, 2014 at 9:00 a.m. in courtroom #27. It will continue through January 16, 2014. If necessary, the hearing will continue on January 22 and 23, 2014 to its completion.(Dillon, M)
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Filing
483
JOINT STIPULATION for PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 10/15/13. Petitioners counsel and counsels agents are prohibited from providing or facilitating a third party in providing a copy of a Daily Journal newspaper arti cle, published in March 2007, and entitled Justices Look Past Notorious History for Inmates Parole, to the petitioner for so long as petitioner is in the custody and control of the California Department of Corrections and Rehabilitation under a val id state court judgment. Petitioners counsel may show said article to petitioner for purposes related to their representation of petitioner in these proceedings. They may not allow petitioner to retain a copy of said article. Within five working days of the entry of this order respondents counsel will provide petitioners counsel with a copy of said Daily Journal newspaper article described above for their use in this case.(Dillon, M)
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Filing
472
ORDER signed by Magistrate Judge Dale A. Drozd on 04/12/13 ordering within 30 days of the filed date of this order, petitioner shall provide respondent's counsel with a list of all witnesses he intends to present at the evidentiary hearing in t his action. Within 30 days of receipt of petitioner's witness list, respondent shall provide petitioner with a list of respondent's witnesses, including an identification of the manner in which respondent intends to present their testimony . Thereafter, the parties shall meet and confer regarding a schedule for the taking of depositions identified. The court agrees that this out-of-court testimony should be taken by videotaped depositions. Within 21 days after respondent has provide d his witness list, the parties shall file a joint statement with the court setting out the dates for all scheduled depositions. On 12/17/13 at 1:30 p.m. in courtroom 27 the undersigned with conduct a pre-evidentiary hearing conference. The in-court portion of the evidentiary hearing will commence of 01/13/14 at 9:00 a.m. in courtroom #27 and run through 1/16/14. If necessary the evidentiary hearing will continue on 01/2214 and 1/23/14.(Plummer, M)
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Filing
467
ORDER signed by Magistrate Judge Dale A. Drozd on 2/4/13 ORDERING that respondent will not be ordered to provide petitioner access to the documents submitted to this court on January 10, 2013 for in camera review. The Clerk of the Court is directed to file under seal the copies of those documents submitted to the court by respondent for in camera review.(Dillon, M)
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Filing
466
AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 1/30/13 ordering petitioner's 12/15/10 motion for an evidentiary hearing 369 is granted in part. The court will hear evidence on the following claims or portions of claims: a) Claim 1 in all respects except regarding the allegations that 1) prosecutors suppressed evidence related to Alexander Vichi and William Acker and 2) prosecutors committed misconduct by delaying the investigation of petitioner's alibi and in charging h im. b) The allegation in claim 15 that counsel was ineffective by failing to question prospective jurors during voir dire regarding racial bias. c) The allegations in claim 7 that counsel should have investigated and presented testimony of a prison e xpert and the impeachment evidence presented in claim 1. d) The allegation in claim 16 that petitioner suffered actual prejudice as a result of courtroom security measures employed at trial. e) Claim 29 f) The allegations in claim 30 that jurors were prejudiced by extrinsic evidence of petitioner's dangerousness, exhibited racial bias, and considered petitioner's prior murder conviction during the guilt phase. g) Claims 42 and 43 in all respects except: 1) the allegations that counsel was ineffective in failing to present evidence that petitioner's attorney in his 1970 murder case acted inappropriately or ineffectively, and 2) the allegations that counsel failed to impeach William Acker. Petitioner's motion for an evidentiary hearing is denied in all other respects. Petitioner's 12/15/10 motion to expand the record 369 is granted. On 7/11/13 at 10:00 a.m. in courtroom 27 the undersigned will hold a status and scheduling conference.(Plummer, M)(Plummer, M)
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Filing
464
ORDER signed by Magistrate Judge Dale A. Drozd on 1/18/2013 ORDERING that within 7 days of the filed date of this order, petitioner shall file a response addressing the bases for respondent's position with respect to the in camera submission. (Donati, J)
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Filing
460
ORDER signed by Magistrate Judge Dale A. Drozd on 11/13/12 ORDERING that the courts 424 order is amended to add the name William Acker to the list of witnesses at page 35, lines 4-5 of that order. The court also reconsiders that order. The court finds good cause for respondents September 21, 2012 Motion to Conduct Discovery 445 and that motion is granted to the extent it seeks information from the files of petitioners trial attorneys relevant to the claims upon which an evidentiary hearing has been granted. Petitioners September 21, 2012 Motion for Discovery 446 is granted in part and denied in part. On March 29, 2013 at 1:30 p.m. in courtroom #27, the undersigned will hold a further status conference.(Dillon, M)
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Filing
435
ORDER signed by Magistrate Judge Dale A. Drozd on 8/21/12 ORDERING that Petitioners request to seal Exhibits SS, BBB, FFF, 205, and 234 is DENIED. While all of these exhibits involve the medical history of inmate witnesses, the parties agree that al l have previously been made public in state court proceedings. Further, many of these records have been discussed in publicly- filed documents submitted to the court in this action. Accordingly, the court finds no basis for sealing the documents at t his time. The Clerk of the Court is directed to file on the public docket Exhibits SS, BBB, FFF, 205, and 234. Finally, the Clerk of the Court is directed to file under seal petitioners December 15, 2010 Motion to Seal Documents and respondents April 28, 2011 Response in Partial Opposition to Petitioners Request to Seal Documents.(Dillon, M)
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Filing
431
ORDER signed by Magistrate Judge Dale A. Drozd on 07/31/12 ordering by 08/10/12 the parties shall file a stipulation and proposed order setting out their agreements regarding the outstanding requests to seal and the scope of any protective order. At the same time, the parties shall jointly file a statement explaining their disagreements related to any remaining requests to seal. In preparation for the evidentiary hearing, by 09/21/12, the parties shall file any motions for leave to take discov ery. Opposition briefs shall be filed by 10/22/12 and reply brief by 11/05/12. On 11/08/12 at 11:00 a.m. in courtroom 27, the undersigned will hold a hearing on the discovery motions as well as a status conference. By 08/14/12 Mr. Bloom shall file a proposed budget for his anticipated time and expenses through approximately 11/08/12. (Plummer, M)
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Filing
426
ORDER signed by Magistrate Judge Dale A. Drozd on 6/6/12 ORDERING that pursuant to the stipulation of the parties and for good cause shown, the Order filed March 28, 2012 421 is hereby modified as follows: The parties shall meet and confer regardin g petitioners Motion to Seal at a mutually convenient time prior to the July 11, 2012, status conference now set in this case, and shall be prepared to report orally at the conference regarding the extent of their agreement and/or disagreement regarding the outstanding requests to seal and scope of any protective order(s).(Dillon, M)
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Filing
424
ORDER signed by Magistrate Judge Dale A. Drozd on 6/1/2012 GRANTING-IN-PART 369 Motion for Evidentiary Hearing and GRANTING 369 Motion to Expand the Record. Scheduling and Scheduling Conference hearing set for 7/11/2012 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Donati, J)
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Filing
421
ORDER signed by Magistrate Judge Dale A. Drozd on 3/28/2012 ORDERING that petitioner's 394 Motion to Seal is GRANTED in part and RESERVED in part; the clerk to file UNDER SEAL (a) petitioner's 12/15/10 Request to Seal Documents, (b) respo ndent's 4/28/2011 Response in Partial Opposition to petitioner's Request to Seal, (c) Exhibits GGG, 203, 204, 207, 213, 226, 227, 232, and 361; within 14 days of this court's order resolving petitioner's pending motion for an evidentiary hearing, the parties shall meet and confer to discuss resolution of petitioner's remaining sealing requests, within 14 days thereafter, the parties shall file a joint statement. (Yin, K)
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Filing
417
ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/11 GRANTING 416 Motion for Extension of time. The hearing previously set for August 25, 2011, is VACATED and RESET for September 21, 2011 at 10:00 a.m.. (Dillon, M)
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Filing
415
ORDER EXTENDING TIME TO FILE PETITIONER'S REPLY IN SUPPORT OF MOTION FOR EVIDENTIARY HEARING, signed by Magistrate Judge Dale A. Drozd on 6/16/11. Petitioner's 414 Motion for Extension of Time is GRANTED, and the deadline for petitioner t o file his reply in support of the motion for evidentiary hearing is EXTENDED until 8/16/11. The hearing on 369 the Motion For Evidentiary Hearing is RESET to 8/25/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Kastilahn, A)
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Filing
410
ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2011 ORDERING that respondent's response to ptnr's motion for evidentiary hearing and expansion of the record shall include Ps and As on the impact of Cullen v. Pinholster, No. 09-1088, 2011 WL 1225705 (U.S. Apr. 4, 2011) on these proceedings and, in particular, on ptnr's motion; ptnr's reply shall include responsive Ps and As addressing Pinholster.(Yin, K)
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Filing
405
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 03/18/11 ordering petitioner will make arrangements for a deposition of Charles Edwards as soon as is practicable, and will notice the deposition pursuant to FRCP 30 (b)(1). The notic e of deposition will be filed with the court. Within 2 court days of the noticed deposition date, petitioner will notify the court whether or not the deposition has taken place. If the deposition has taken place, petitioner will at that time withdr aw his motion to admit the declaration as moot. If the deposition has not taken place, petitioner shall, within 2 court days of so notifying the court, file a reply to the response in opposition. The motion will then be submitted for expedited decision pursuant to the previous orders of the court. (Plummer, M)
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Filing
397
ORDER signed by Magistrate Judge Dale A. Drozd on 02/15/11 granting 395 Motion for leave to take the deposition of Charles Edwards. (Plummer, M)
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Filing
367
ORDER signed by Magistrate Judge Dale A. Drozd on 8/12/10 ORDERING that a Status Conference is set for 9/16/2010 at 09:30 AM in Courtroom 27 before Magistrate Judge Dale A. Drozd.(Dillon, M)
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| Petitioner: Larry - Roberts | |
| Represented By: | Robert Bloom |
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| Respondent: Robert L. Ayers | |
| Represented By: | Bruce Ortega |
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