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Crittenden v. Calderon

United States District Court, E.D. California
Dec 22, 2010
No. CIV S-95-1957 FCD GGH P, No. CIV S-97-0602 FCD GGH P, DEATH PENALTY CASE (E.D. Cal. Dec. 22, 2010)

Opinion

No. CIV S-95-1957 FCD GGH P, No. CIV S-97-0602 FCD GGH P, DEATH PENALTY CASE.

December 22, 2010


ORDER


The Ninth Circuit has remanded this case on the sole issue of application of Batson's third step under the new standard set forth by the Ninth Circuit issued after the district court's previous ruling in case, i.e., whether the prosecutor's peremptory strike of an African American juror was "`motivated in substantial part'" by race. Crittenden v. Ayers, 624 F.3d 943, 958 (9th Cir. 2010).

Neither of the parties desires to submit additional evidence. Therefore, utilizing the evidence of record, the parties shall submit briefing on application of Batson's third step standard on the following schedule: petitioner's opening brief, April 1, 2011; respondent's answering brief, May 2, 2011; petitioner's reply, May 23, 2011. The court has set this for hearing on June 9, 2011 at 1:30 p.m. in the undersigned's courtroom (Courtroom 9, 13th Floor).

The court has accommodated the requests of counsel for this extended scheduling. Therefore, there shall be no extensions of this schedule absent compelling circumstances. Counsel's other business commitments which they have scheduled, or which are scheduled by other courts after the date of this order, are not compelling circumstances.

DATED: 12/21/2010


Summaries of

Crittenden v. Calderon

United States District Court, E.D. California
Dec 22, 2010
No. CIV S-95-1957 FCD GGH P, No. CIV S-97-0602 FCD GGH P, DEATH PENALTY CASE (E.D. Cal. Dec. 22, 2010)
Case details for

Crittenden v. Calderon

Case Details

Full title:STEVEN CRITTENDEN, Petitioner, v. ARTHUR CALDERON, Respondent

Court:United States District Court, E.D. California

Date published: Dec 22, 2010

Citations

No. CIV S-95-1957 FCD GGH P, No. CIV S-97-0602 FCD GGH P, DEATH PENALTY CASE (E.D. Cal. Dec. 22, 2010)