Crew v. Martel et al

Filing 4

ORDER by Judge Yvonne Gonzalez Rogers GRANTING re 1 Application for Stay of Execution of Death and REFERRING Matter to Selection Board for Appointment of Counsel. Signed by Judge Yvonne Gonzalez Rogers, on 08/14/12. (Attachments: # 1 Certificate/Proof of Service)(jlm, COURT STAFF) (Filed on 8/14/2012)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 MARK CHRISTOPHER CREW , Petitioner, vs. Kevin Chappell, Acting Warden of San Quentin State Prison, Case No.: 12-CV-4259 YGR DEATH PENALTY CASE ORDER STAYING EXECUTION OF DEATH SENTENCE AND REFERRING THE MATTER TO SELECTION BOARD FOR APPOINTMENT OF COUNSEL 18 Respondent. 19 20 21 Petitioner, who is under a sentence of death, has filed an application for appointment of 22 counsel, a request for a stay of execution, and a notice of intention to file a petition for writ of habeas 23 corpus. Pursuant to 28 U.S.C. § 2251(a) and Local Rules 2254-24 and 2254-25, 24 IT IS HEREBY ORDERED that the execution of petitioner’s sentence of death and all court and 25 other proceedings related to the execution of that sentence, including preparation for execution and 26 setting an execution date, are stayed. 27 28 IT IS FURTHER ORDERED that this matter be referred to the Capital Case Committee for the United States District Court, Northern District of California, for counsel to be appointed to represent 1 2 petitioner in these proceedings. The Clerk of the Court shall serve a certified copy of this order on petitioner Mark 3 Christopher Crew; respondent Kevin Chappell, Acting Warden of San Quentin State Prison; the 4 Clerk of the Santa Clara Superior Court; Kamala Harris, Attorney General of the State of California; 5 Gary D. Sowards, Esq., Habeas Corpus Resource Center; and Michael Millman, Executive Director 6 of the California Appellate Project, San Francisco. 7 8 9 IT IS SO ORDERED . 10 11 12 13 14 August ____, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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