Opinion
Case No. 1:95-cv-5108 LJO
03-01-2013
RONALD AVERY McPETERS Petitioner, v. KEVIN CHAPPELL, as Acting Warden of San Quentin State Prison, Respondent.
DEATH PENALTY CASE
ORDER DIRECTING PARTIES TO
APPEAR FOR A STATUS
CONFERENCE RE: SETTLEMENT
This matter is before the Court following the response of Supervising Attorney General Ward Campbell to the January 29, 2013 directive for the Warden's counsel to meet and confer with the Fresno County District Attorney concerning resolution of this case.
In his response, Mr. Campbell notes that the District Attorney has no authority to settle federal habeas proceedings pending before the District Court and the Office of the Attorney General has no authority to settle any matter that would modify a state court judgment in the absence of a miscarriage of justice. Mr. Campbell nonetheless notes that the Attorney General remains committed to exploring the possibility of settlement.
So that the Court and all interested parties are aware of the direction this exploration is taking, the Court has scheduled a status conference. Attorneys of record for both parties should attend in person. The Fresno County District Attorney also is encouraged to attend, as some options for resolution will have an impact on the County.
The real issues to be addressed deal with the intersection of due process compliance with the law by all involved and trying the end the futile but factual bleeding of taxpayer money at a time when resources are simply not available except for the most necessary reasons. IT IS SO ORDERED.
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Lawrence J. O'Neill
United States District Judge