Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Atwood v. Ryan

United States District Court, Ninth Circuit

July 9, 2013

Frank Jarvis Atwood, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

DEATH PENALTY CASE

JOHN C. COUGHENOUR, District Judge.

ORDER

IT IS HEREBY ORDERED that the Joint Motion to Continue Discovery Deadlines and Hearing (Doc. 412) is GRANTED.

IT IS FURTHER ORDERED:

1. An evidentiary hearing to determine whether Petitioner has set forth a substantial claim of ineffective assistance of counsel at sentencing will commence on October 7, 2013, beginning at 9:00 a.m. in the Evo A. DeConcini U.S. Courthouse in Tucson. The courtroom will be identified by separate order prior to the hearing.

2. Disclosure. The name and contact information for any potential witness shall be disclosed no later than August 19, 2013. All discovery, including depositions, shall be completed by September 9, 2013.

3. Discovery Requests. Any motions for discovery pursuant to Rule 6(a) of the Rules Governing Section 2254 Cases and the Federal Rules of Civil Procedure, except for the deposition of witnesses, shall be filed no later than August 21, 2013. Opposition, if any, shall be filed by August 28, 2013. An optional reply may be filed by September 4, 2013.

4. Depositions. Any motion to conduct a deposition pursuant to Rule 6(a) of the Rules Governing Section 2254 Cases shall be filed no later than August 9, 2013. Opposition, if any, shall be filed by August 16, 2013. An optional reply may be filed by August 23, 2013. Depositions, if authorized, shall be completed by September 9, 2013.

5. Mental Health Expert Disclosures.

a. Respondents shall provide expert disclosure as required by Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure no later than August 1, 2013.

b. Petitioner shall provide any supplemental expert disclosure no later than August 21, 2013.

6. Legal Expert Disclosures. The Court does not favor the use of Strickland experts and is not inclined to permit either depositions or live testimony from such experts. In the event the parties nonetheless consult with Strickland experts, each shall provide expert disclosure as required by Rule 26(a)(2)(B) no later than 15 days after the deposition of sentencing counsel, Stanton Bloom.

7. Petitioner's Presence. Any request for Petitioner to attend the evidentiary hearing in person or to participate via videoconference shall be filed no later than August 1, 2013.

8. Prehearing Statement. On or before September 23, 2013, the parties shall file a joint ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.