Clark v. Ayers
Petitioner: Richard Dean Clark
Respondent: Robert L. Ayers, Jr.
Miscellaneous: California Appellate Project and Habeas Corpus Resource Center
Case Number: 5:1997cv20618
Filed: November 23, 2009
Court: U.S. District Court for the Northern District of California
Office: San Jose Office
Presiding Judge: James Ware
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution

Available Case Documents

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Date Filed Document Text
April 26, 2023 Opinion or Order Filing 603 ORDER GRANTING 600 MOTION TO EXTEND TIME FOR RESENTENCING by Judge William H. Orrick. The motion for extension of time is GRANTED, and the time for the resentencing of Petitioner ordered on July 14, 2022, is hereby extended to June 1, 2023. (jmd, COURT STAFF) (Filed on 4/26/2023)
July 14, 2022 Opinion or Order Filing 595 JUDGMENT. The petition for writ of habeas corpus is GRANTED IN PART and judgment is hereby entered in favor of Clark and against respondent. In view of this grant of habeas relief, Clark is entitled to a new penalty phase trial. Within 120 days of the entry of this judgment, the State of California shall commence proceedings to retry Clarks penalty phase or shall vacate the death sentence and resentence Clark in accordance with California law and the United States Constitution. Signed by Judge William H. Orrick on 07/14/2022. (jmd, COURT STAFF) (Filed on 7/14/2022)
May 9, 2022 Opinion or Order Filing 592 ORDER ON REMAND. Signed by Judge William H. Orrick on 05/09/2022. (jmd, COURT STAFF) (Filed on 5/9/2022)
July 18, 2013 Opinion or Order Filing 557 ORDER GRANTING MOTIONS REGARDING PETITIONER'S EVIDENTIARY HEARING REPLY by Judge William Alsup finding as moot 551 Stipulation; finding as moot 552 Stipulation; granting 554 Motion for Extension of Time to File Response/Reply ; granting 555 Motion for Leave to File Excess Pages (dt, COURT STAFF) (Filed on 7/18/2013)
August 22, 2012 Opinion or Order Filing 528 STIPULATION AND ORDER RE DISCOVERY AND EVIDENTIARY SUBMISSION re 527 STIPULATION WITH PROPOSED ORDER filed by Richard Dean Clark. Signed by Chief Judge James Ware on August 22, 2012. (wsn, COURT STAFF) (Filed on 8/22/2012)
July 23, 2012 Opinion or Order Filing 505 STIPULATION AND ORDER re 504 MOTION for Extension of Time to File. Signed by Chief Judge James Ware on July 23, 2012. (wsn, COURT STAFF) (Filed on 7/23/2012)
July 10, 2012 Opinion or Order Filing 502 ORDER re 501 Status Report. Signed by Chief Judge James Ware on July 10, 2012. (wsn, COURT STAFF) (Filed on 7/10/2012)
April 4, 2012 Opinion or Order Filing 498 ORDER REGARDING CONCLUSION OF DISCOVERY. Signed by Judge James Ware on 4/4/12. (sis, COURT STAFF) (Filed on 4/4/2012)
October 13, 2011 Opinion or Order Filing 494 ORDER REGARDING CONCLUSION OF DISCOVERY. Signed by Judge James Ware on 10/11/11. (sis, COURT STAFF) (Filed on 10/13/2011)
October 22, 2010 Opinion or Order Filing 488 ORDER GRANTING PETITIONER'S MOTIONS FOR EXTENSIONS OF TIME AND TO FILE OVERSIZED BRIEF. Motions terminated: 482 MOTION for Extension of Time to File Traverse and reply filed by Richard Dean Clark, 480 MOTION for Extension of Time to File Traverse and Reply filed by Richard Dean Clark, 486 MOTION for Extension of Time to File filed by Richard Dean Clark, 481 MOTION for Extension of Time to File traverse and reply filed by Richard Dean Clark, 478 MOTION for Ext ension of Time to File Traverse and Reply filed by Richard Dean Clark, 477 Amended MOTION for Extension of Time to File Traverse and Reply filed by Richard Dean Clark, 476 MOTION for Extension of Time to File Traverse and Reply. Signed by Judge James Ware on 10/19/2010. (ecg, COURT STAFF) (Filed on 10/22/2010)
July 22, 2010 Opinion or Order Filing 473 ORDER RESCHEDULING BRIEFING OF PETITIONER'S SECOND MOTION FOR DISCOVERY. Respondent shall file his opposition to Petitioner's Second Motion for Discovery on or before July 19, 2010. Petitioner shall file his traverse and any reply to Respon dent's opposition on or before August 23, 2010. The present order resolves all pending motions in this action; the clerk therefore shall terminate all pending motions. Motions terminated: 470 MOTION for Extension of Time to File Response/Repl y Respondent's Application To Extend Time To File Response To Second Motion For Discovery filed by Robert L. Ayers, Jr., 466 Second MOTION for Extension of Time to File Discovery Motion filed by Richard Dean Clark, 464 MOTION f or Extension of Time to File filed by Richard Dean Clark, 467 Second MOTION for Discovery filed by Richard Dean Clark, 471 Ex Parte Application for Extension of Time to File Traverse filed by Richard Dean Clark, 468 Third MOTION for Extension of Time to File Motion for Discovery filed by Richard Dean Clark. Signed by Judge James Ware on 7/21/2010. (ecg, COURT STAFF) (Filed on 7/22/2010)
May 28, 2010 Opinion or Order Filing 469 ORDER RESCHEDULING BRIEFING OF PETITIONER'S DISCOVERY MOTION re 466 Second MOTION for Extension of Time to File, 464 MOTION for Extension of Time to File. Petitioner shall move for discovery on or before 5/24/2010, Petitioner shall file his traverse and Respondent shall file opposition to the Motion for Discovery on or before 7/12/2010, Petitioner shall file any reply on or before 8/2/2010. Signed by Judge James Ware on 5/24/2010. (ecg, COURT STAFF) (Filed on 5/28/2010)
November 23, 2009 Opinion or Order Filing 455 STIPULATION AND ORDER to Continue Date for Submission of Answer to Fifth Amended Petition re 454 Stipulation. Answer due 12/7/2009. Please see Order for further scheduling deadlines. Signed by Judge James Ware on 11/19/2009. (ecg, COURT STAFF) (Filed on 11/23/2009)
August 14, 2009 Opinion or Order Filing 444 STIPULATION AND ORDER GRANTING EXTENSION TO CONTINUE DATE FOR SUBMISSION OF AMENDED PETITION AND ANSWER re 443 Stipulation. The Fifth Amended Petition be extended to August 28, 2009, and the time to file the Answer be extended to September 30, 2009. Signed by Judge James Ware on 8/13/2009. (ecg, COURT STAFF) (Filed on 8/14/2009) Modified on 9/17/2009 (cv, COURT STAFF).
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Petitioner: Richard Dean Clark
Represented By: Lynne S. Coffin
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Miscellaneous: California Appellate Project
Represented By: Michael G. Millman
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Miscellaneous: Habeas Corpus Resource Center
Represented By: Michael David Laurence
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Respondent: Robert L. Ayers, Jr.
Represented By: Edmund G. Brown, Jr.
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