Dennis

Dennis v. Woodford

Good Law

65 F. Supp. 2d 1093·1999 WL 767452·1999 U.S. Dist. LEXIS 14677

United States District Court, Northern District of CaliforniaSeptember 16, 1999C-98-21027-JFCalifornia2,511 words

Opinion

Fogel, J.

ORDER DENYING WITHOUT PREJUDICE PETITIONER’S APPLICATION TO EXTEND FILING DATE FOR PETITION FOR WRIT OF HABEAS CORPUS AND TOLLING ONE-YEAR LIMITATION

The motion of Petitioner William Michael Dennis (“Petitioner”) for an order extending the filing date for a petition for a writ of habeas corpus and tolling the applicable one-year limitation period was heard by the Court on September 14, 1999. Attorney Peter Giannini appeared on behalf of Petitioner and Deputy Attorneys General Dane Gillette and Martin Kaye appeared on behalf of Respondent, Jeanne S. Woodford, Acting Warden at San Quentin State Prison (“Respondent”). Based on the record to date and the oral argument of counsel, the Court will deny Petitioner’s motion without prejudice for the reasons set forth below.

I. BACKGROUND

Petitioner was convicted and sentenced to death by a Santa Clara County Superior Court jury for the murders of his ex-wife and her unborn fetus. His judgment and sentence were affirmed on appeal by the California Supreme Court on February 19, 1998. The U.S. Supreme Court denied Petitioner’s petition for a writ of certiorari on October 5, 1998. Petitioner then filed a request for appointment of counsel…

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