Monica McCarrick v. Espinoza
| Monica McCarrick |
| Janelle Espinoza |
| 2:2017cv02652 |
| December 15, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| General |
| 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
43
MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 11/19/2020 DENYING the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus. The Court GRANTS a Certificate of Appealability solely with respect to McCarrick's claims th at: the trial court committed instructional error by precluding the jury from considering McCarrick's paranoid delusions in resolving whether she had acted with premeditation and deliberation (Ground 1); and there was no substantial evidence to support the jury's sanity verdict because the jury "could not reasonably reject" the opinions of three defense experts that McCarrick had been legally insane (Ground 2). Any further request for a Certificate of Appealability must be addressed to the Ninth Circuit Court of Appeals. CASE CLOSED. (Zignago, K.)
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Filing
36
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2019 GRANTING 35 Motion for Extension of Time. Petitioner's reply to the answer is due on or before 10/22/2019. (Henshaw, R)
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Filing
27
ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2018 GRANTING 25 and 26 Motions for Extension of Time. Petitioner's supplemental briefing is due on or before 2/15/2019; respondent's response is due 60 days thereafter; and petitioner's reply, if any, is due 30 days thereafter. (Huang, H)
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Filing
24
ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2018 VACATING the 8/9/2018 Status Conference. Petitioner to file a supplemental brief on or before 10/18/2018. Respondent to file a response to the supplemental briefing within 60 days thereafter and Petitioner's reply due within 30 days thereafter. (Henshaw, R)
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Filing
6
ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/18 GRANTING 2 Motion to Proceed IFP. The Federal Defender is appointed to represent petitioner. The clerk of the court shall serve a copy of this order and petitioner's habeas corpu s petition 1 on the Federal Defender: Attention: Habeas Appointment. A status conference is set for 3/29/18 at 10:00 a.m. before the undersigned. All parties shall appear at the status conference by counsel. 14 days prior to the conference, the parties shall file and serve status reports. The clerk of the court shall serve a copy of this order, the form consent to proceed before a United States Magistrate Judge and a copy of the petition for writ of habeas corpus pursuant to 28 USC 2254 on Tami Krenzin, Supervising Deputy Attorney General. (cc: FD: Attn: Habeas Appointment and Tami Krenzin, Attorney General) (Plummer, M)
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Filing
3
ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Jennifer L. Thurston on 12/19/17. (Martin-Gill, S)
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| Petitioner: Monica McCarrick | |
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| Respondent: Janelle Espinoza | |
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