Frye v. Calderon, et al
| Robert L. Ayers |
| Jerry Grant Frye |
| Jeanne S. Woodford, California Department of Corrections and Rehabilitation and Robert L. Ayers |
| 2:1999cv00628 |
| March 11, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lawrence K. Karlton |
| Kimberly J. Mueller |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
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The following documents for this case are available for you to view or download:
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Filing
715
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/18/2022 DECLINING TO ADOPT the 658 Findings and Recommendations finding that there was no prejudicial error in jurors' seeing petitioner shackled during the guilt or sentencing pha ses of the trial and the corresponding recommendation that these claims be denied. Further, the court GRANTS a writ of habeas corpus on these grounds as to the guilt and penalty phases unless the State seeks a new trial or appeals this order within a reasonable time and not later than 90 days. CASE CLOSED. [cc Death Penalty Group Sacramento](Coll, A)
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Filing
711
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/22/2021 STAYING 704 , 705 and 706 Motions. The Respondent shall submit a proposed briefing schedule for these motions within 10 days of either: 1) an order declining to refer this matter for a mandatory settlement conference; or 2) conclusion of any settlement proceedings. (Donati, J)
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Filing
707
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/1/2021 ORDERING the parties are ORDERED to show cause within fourteen days why this action should not be referred now to a mandatory settlement conference before another judge of this court.(Reader, L)
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Filing
700
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/2019 GRANTING Petitioner's application for the appointment of counsel; APPOINTING attorneys Michael Snedeker and Lisa Short to represent Petitioner in this matter; ORDERING Clerk to update the docket to reflect Petitioner's new counsel of record to the following Snedeker Smith & Short; 4110 SE Hawthorne Blvd Pmb 422; Portland, OR 97214-5246; Telephone:(503) 234-3584; Facsimile: (503) 232-3215. (Henshaw, R)
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Filing
678
ORDER signed by District Judge Kimberly J. Mueller on 8/8/2016 GRANTING 673 Motion for Reconsideration to the extent the court agrees its previous application of United States v. Raddatz was incorrect; DENYING 673 Motion for Reconsideration in all other respects; ORDERING that any amended objections to the 658 Findings and Recommendations be filed within thirty days. (Michel, G.)
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Filing
674
ORDER signed by District Judge Kimberly J. Mueller on 4/19/16. Respondent is directed to provide a statement on its position, if any it has, on the authority of the assigned magistrate judge to issue amended F&Rs. This statement shall be filed within fourteen days. The court reserves the right to set a limited hearing on this question after respondent's statement is filed.(Mena-Sanchez, L)
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Filing
669
ORDER signed by Judge Kimberly J. Mueller on 11/16/15 ORDERING that petitioner's 663 Motion for Reconsideration is GRANTED in part and DENIED in part. The 658 Amended Findings and Recommendations are deemed the operative and pending F&Rs. Objections to those F&Rs, if any, shall be filed within 30 days. Any responses shall be filed in accordance with the Federal and Local Rules, and may refer to the original F&Rs while making any such reference clear. Requests for extensions of time shall be submitted to the assigned magistrate judge. Upon expiration of these time periods, the matter will be submitted for review by this court. (Benson, A)
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Filing
666
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/2/15 ORDERING that Petitioner's 3/30/15 Motion of Objection 665 is DENIED. The court will not consider any of the substantive arguments made in Petitioner's pro per filings because he is represented by counsel. E.D. Cal., Local Rule 191(c). The Clerk is directed to serve this document on petitioner Jerry Grant Frye by U.S. mail.(Mena-Sanchez, L)
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Filing
662
ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/26/15 denying 661 Motion for Reconsideration to the extent petitioner requests withdrawal of the amended findings and recommendations. Petitioner's request for an extension of time is granted. Petitioner shall have 30 days from the filed date of this order to file any objections to the amended findings and recommendations. The limitations previously specified to those objections remain. (Plummer, M)
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Filing
658
AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/21/2015 VACATING the 12/4/2013 findings and recommendations 632 and RECOMMENDING that petitioner's claims 2, 3, 25, and 37 be denied because the CA Supre me Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 U.S.C. § 2254(d); the allegations in petitioner's claims 4, 5, and 7 that were the subject of the evidentiary hearing ordered previously be denied because the CA Supreme Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 U.S.C. § 2254(d); the evidentiary hearing proceedings on petitioner's claims 28 and 29 resume because the C A Supreme Court's denial of those claims was contrary to law or unreasonable as defined by 28 U.S.C. § 2254(d); the allegations in petitioner's claim 42 that Juror Fairfield committed misconduct by communicating with her minister be denied on the merits; petitioner's claim 44 be denied on the merits; petitioner' s November 5, 2010 Motion to Expand the Record and for an Evidentiary Hearing on Claim 37 (ECF No. 549 ) be denied. Referred to Judge Kimberly J. Mueller; within 30 days, any party may file supplemental objections to the portions of these amended findings and recommendations that differ from the 12/4/2013 findings and recommendations.(Yin, K)
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Filing
656
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/14 ORDERING that Respondents motion for an extension of time (ECF No. 654 ) is GRANTED. Respondent shall have an additional 14 days, to and including September 19, 2014, to file a response to Petitioner Jerry Fryes Objections to Findings and Recommendations. (Dillon, M)
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Filing
653
ORDER signed by Judge Lawrence K. Karlton on 8/27/2014 DENYING 532 Corrected Motion for Reconsideration. (cc: Death Penalty Group Sacramento) (Michel, G)
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Filing
651
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/5/2014 GRANTING 650 Motion for Extension of Time. Respondent shall have an additional 35 days, to and including 9/5/2014, to file a response to Petitioner Jerry Frye's Objections to Findings and Recommendations. (Zignago, K.)
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Filing
632
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/03/13 recommending that petitioner's claims 2,3,25 and 37 be denied because the California Supreme Court's rejection of those claims was not contrary to law or unreasonable as defined in 28 USC 2254(d). The allegations in petitioner's claims 4,5, and 7 that were subject of the evidentiary hearing ordered previously be denied because the California Supreme Court's rejection of those claims was no t contrary to law or unreasonable as defined in 28 USC 2254. The evidentiary hearing proceedings on petitioner's claims 28 and 29 resume because the California Supreme Court's denial of those claims was contrary to law or unreasonable as d efined by 28 USC 2254. The allegations in petitioner's claim 42 that Juror Fairfield committed misconduct by communicating with her minister be denied on the merits. Petitioner's claim 44 be denied on the merits. Petitioner's 11/05/10 motion to expand the record and for an evidentiary hearing on claim 37 549 be denied. MOTION Expansion of the Record and/or Evidentiary Hearing 549 referred to Judge Lawrence K. Karlton. Objections due within 60 days. (Plummer, M)
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Filing
621
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/13/12 DENYING 619 Motion for a hearing regarding a conflict of interest; The court will not consider any of the substantive arguments made in petitioners pro per filings because he is represented by counsel. Clerk of the Court is directed to serve a copy of this order upon petitioner Jerry Grant Frye by U.S. mail. (Dillon, M)
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Filing
618
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/08/12 ordering petitioner shall file his brief by 07/26/12. (Plummer, M)
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Filing
615
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/16/2012 GRANTING respondent's 614 request to modify the briefing schedule; respondent's brief due by 4/18/2012; petitioner's brief due by 5/9/2012. (Yin, K)
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Filing
600
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/11 ORDERING that petitioner shall file his brief by 10/27/11; Respondent shall file his brief by 12/25/11. (Dillon, M)
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Filing
592
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/06/11 granting 590 Motion to modify briefing schedule. Petitioner's brief is due 10/15/11, the state's brief is due 12/15/11, and a reply is due 01/12/11. (Plummer, M)
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Filing
589
ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/11 ORDERING 586 Motion for Reconsideration is denied; The briefing schedule set out in the May 3, 2011 order is reinstated, using the filed date of the present order rather than the May 3, 2011 filed date; The argument set for August 3, 2011 is taken off calendar. Whether and when to hold argument is left to the discretion of the Magistrate Judge. (Matson, R)
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Filing
584
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2011 ORDERING that the 5/10/11 and 5/11/11 evidintiary hearing is DROPPED from calendar; w/in 30 days, ptnr to file a memorandum of Ps and As; w/in 30 days of ptnr's brief, respondent to file an opposition; w/in 21 days of respondent's brief, ptnr may file a reply; all briefs shall be complete and shall not incorporate by reference prior briefing in this or any other case; on 8/3/2011 at 10:00 AM in Courtroom 24 (EFB), Magistrate Judge Edmund F. Brennan will hear argument on the issues. (See Order for Further Details)(Yin, K)
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Filing
579
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/12/11 ORDERING that by 4/21/11, each party shall file a brief on the impact of Cullen v. Pinholster, No. 09-1088, 2011 WL 1225705 on these proceedings and, in particular, on the evidentiary hearing scheduled to start on May 10 pursuant to the 3/21/11 order.(Dillon, M)
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Filing
577
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/11 ORDERING that the undersigned will hear the evidentiary hearing testimony of petitioners witnesses Judd Iversen, Theresa Waller, and Gary Bricker starting on May 10, 2011 at 9:00 a.m. and continuing through May 11, if necessary, in Courtroom No. 24. (See order for further details.)(Dillon, M)
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Filing
572
ORDER signed by Magistrate Judge Dale A. Drozd on 1/18/2011 ORDERING the Status Conference RESET for 2/7/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Donati, J)
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Filing
569
ORDER signed by Chief Judge Anthony W. Ishii on 1/14/11 ORDERING that respondent's Motion 565 to Reassign Action and to Vacate Referral to Magistrate Judge is DENIED. (Becknal, R)
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Filing
562
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/6/10 ORDERING that the court did not intend to limit respondent's discovery on claim 37 to that respondent might need to oppose the motion for an evidentiary hearing. The court will permit the parties to conduct discovery on claim 37 if it grants petitioner's motion for an evidentiary hearing on claim 37. (Becknal, R)
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Filing
546
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/1/10 ORDERING that the following witnesses shall provide their evidentiary hrg testimony on 2/14/11 at 9:00 a.m: Judd Iversen, Madeline McDowell, Theresa Waller, James Thomson, Gary Bricker a nd Larry Dixon; the hrg will proceed through 2/18 and resume on 2/28 until concluded; the testimony of the remaining evidentiary hrg witnesses shall be taken by deposition. Before 11/15/10, the parties shall meet and confer re scheduling the testimo ny of these witnesses. By 11/15, the parties shall file a joint stmt setting out a schedule for taking that testimony; By 10/29/10, petitioner shall have filed any motion for an evidentiary hrg on claim 37. If respondent will seek discovery on clai m 37, he shall file a motion for discovery by 11/29/10. If respondent will not seek discovery on claim 37, he shall file any opposition to the evidentiary hrg motion by 12/15/10. Petitioner shall file any reply w/i 30 days of the filing of the opposition. After receipt of the briefs, the court will determine whether oral argument is necessary; By 11/30/10, petitioner shall file the videotape of Dr. Victoroff's testimony.(Becknal, R)
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Filing
538
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/18/10, ORDERING that respondent shall have an addt'l three days, to and including 10/22/10, to file an opposition to petitioner's request for reconsideration.(Kastilahn, A)
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Filing
536
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/4/10 ORDERING that a Status Conference is SET 10/27/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. By 10/20/10, the parties shall meet and confer and file a joint statement regarding the Status of these proceedings. (Mena-Sanchez, L)
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Filing
535
ORDER signed by Senior Judge Lawrence K. Karlton on 9/30/10 GRANTING 532 Motion for Reconsideration; the testimony of trial defense personnel shall take place in a closed hearing and the entire transcript shall temporarily remain under seal; petiti oner shall file a sealed statement regarding protected portions of the transcript within 20 days of the hearing; respondent shall file a sealed responsive statement within 20 days of petitioner's filing; petitioner's reply due within 10 day s of respondent's filing; thereafter the magistrate judge will designate those portions that shall remain under seal and set a post-hearing schedule; the magistrate will keep sealed all currently sealed transcripts and exhibits either until the time for a motion for reconsideration has passed or until further order of the district judge. (Manzer, C)
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Filing
525
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/14/2010. Clerk directed to remove DISREGARD notice from 518 519 520 521 Deposition Transcripts and re-file them as part of the record. In addition, petitioner is authorized to file transcript of Ms. Cornell's Deposition testimony on the docket. (Marciel, M)
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Filing
524
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/9/10: Petitioner's request to exclude Dr. Jones' testimony on the basis of Federal Rule of Evidence 702 and Daubert is denied. (Kaminski, H)
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Filing
517
ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/22/10 ORDERING that the court will disregard the multiple burglary charges references at pages 7, 18 and 14 through 17 of the transcript of Stg. Bryson's 8/28/08 Deposition. (Owen, K) Modified on 7/23/2010 (Owen, K).
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Filing
514
ORDER signed by Senior Judge Lawrence K. Karlton on 3/10/2010 ORDERING 360 the parties MAY file additional statements, not to exceed 10 pages, 373 limited to the question of whether the motion for reconsideration is moot. Such additional statements may be filed no later than seven (7) days from the date of this order. (Reader, L)
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Filing
506
ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/10/2009 GRANTED in PART and DENIED in PART 483 Petitioner's motion to strike or disregard Sgt. Bryson's testimony. The court will disregard any testimony given by Sgt. Bryson at his 8/28/2008 deposition that contains new information that materially adds to information provided in Bryson's 4/24/2008 declaration or exceeds the scope of that declaration. Within 20 days of the filed date of this order, petitioner shall identify all testimony given by Sgt. Bryson that falls within the proscription set out in paragraph 1. Within 20 days thereafter, respondent shall file a response. Petitioner may file a reply within 10 days of the filing of the response. (Reader, L)
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Filing
505
ORDER EXTENDING TIME FOR FILING PETITIONER'S REPLY TO STATE'S RESPONSE TO PETITIONER'S REQUEST FOR RELIEF RE: ERIC BRYSON signed by Magistrate Judge Kimberly J. Mueller on 9/25/09. Petitioner's reply, which was filed 8/6/09 is DEEMED timely filed. (Mena-Sanchez, L)
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Filing
500
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/5/2009. The following Briefing Schedule has been ordered: (1) petitioner shall file Opening Brief by 10/16/2009; (2) respondent shall file Opposition by 11/13/2009; (3) petitioner may file Reply by 12/4/2009. After receipt of all Briefing, Court will set oral argument if necessary. (Marciel, M)
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Filing
492
ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/8/09 ORDERING that Petitioner has submitted a response to respondent's notice re nonproductionof the notes of witness Eric Bryson. Petitioner's 7/2/09 filing is construed as a motion to strike or disregard Sgt. Bryson's testimony. By 7/22/09, respondent shall file any opposition to this motion. By 8/5/09, petitioner shall file any reply. After submission of the briefs, the court will schedule oral argument if necessary. (Becknal, R)
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Filing
462
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/8/2009 DENYING 445 Motion for reimbursement of expenses. (Gaydosh, J)
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Filing
460
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/3/09 ORDERING that to the extent Ptnr's 389 motion to compel seeks production of the 472 PORs listed in Ptnr's 7/14/08 request for production, it is GRANTED. To the extent the motion seeks production of the 92 PORs listed in the attachment to the 2/18/09 Declaration of Paula Sholberg, the motion to compel is DENIED as moot. Clerk to serve a copy of this order upon Mark H. Harris, Esq. (Engbretson, K.)
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Filing
442
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/12/2009 DENYING petitioner's 441 Request for Court to Clarify and/or Modify the 2/6/2009. (Marciel, M)
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Filing
439
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/5/2009. Within 5 days of filed date of this Order, petitioner shall file UNDER SEAL a list identifying those reports he claims CDCR has failed to turn over. Within 10 days of date petitioner files his Supplemental List, respondent shall file any Response to that list and to January 16 Declaration. (Marciel, M)
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Filing
434
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/22/09 ORDERING that Respondent's 432 January 21 motion for reconsideration of the court's January 21 order is DENIED. If respondent seeks reimbursement of expenses incurred due to the cancellation of Dr. Jones' deposition, he may make an appropriate motion requesting as much. (Duong, D)
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Filing
420
ORDER signed by Magistrate Judge Kimberly J. Mueller on 01/08/09 ORDERING that petitioner file a declaration or declarations that answer the questions stated in this order and provide the court with a copy of the specific requests with which he wishe s the court to compel CDCR's compliance and a statement of CDCR's responses to date to those requests by 01/16/09; to the extent either party seeks the court's resolution of a discovery dispute in the future, that party shall comply with Local Rule 37-251 in its entirety. (Manzer, C)
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Filing
418
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/6/09 ORDERING that the 417 request is GRANTED. Petitioner shall file his brief on or before January 9, 2009. Respondent's brief shall be filed on or before February 5, 2009, and Petitioner's reply is due February 20, 2009. (Duong, D)
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Filing
237
ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/4/08 GRANTING 235 Request for extension of time. Joint proposal shall be filed by 2/11/08.(Dillon, M)
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