Opinion
No. CIV S-01-1290 KJM GGH DP.
April 20, 2011
DEATH PENALTY CASE ORDER
Presently pending is petitioner's motion for discovery, part of which was filed under seal. Docs. 107, 110. Respondent timely filed an opposition and a hearing was held before the undersigned on March 24, 2011. Appearing for petitioner was Jennifer Mann and Bruce Cohen. Appearing for respondent was Christina Simpson and Eric Christoffersen.
Mr. Cohen appeared by phone.
On April 4, 2011, the Supreme Court decided Cullen v. Pinholster, 131 S.Ct. 1388, 2011 WL 1225705 (2011), that relates to the instant case. Within 14 days, both parties shall file simultaneous briefing regarding Cullen and its application to the discovery requests. The parties should address all issues that were raised in the instant discovery motion including the juror claim.
On April 14, 2011, the parties filed a stipulation regarding respondent's discovery requests and a proposed protective order. The court will reserve judgment on the stipulation and proposed protective order until the above briefing has been filed.
Accordingly, IT IS HEREBY ORDERED that within 14 days, both parties shall file simultaneous briefing regarding Cullen.
DATED: April 19, 2011