Stankewitz

Stankewitz v. Wong

Good Law
659 F. Supp. 2d 1103·2009 WL 3088405
United States District Court, Eastern District of CaliforniaOctober 15, 20092:91-cv-00616California5,703 words

Opinion

Opinion

Ishii, J.

DEATH PENALTY CASE

Petitioner Douglas Ray Stankewitz (“Stankewitz”) appears before this Court pursuant to a partial remand of his petition for a writ of habeas corpus by the Ninth Circuit. See Stankewitz v. Wood-ford, 365 F.3d 706 (9th Cir.2004). Stankewitz’s initial federal petition was denied on the merits as to all claims December 22, 2000. Doc. 448.

In 2000, as the parties prepared for expert depositions in contemplation of a federal evidentiary hearing, Stankewitz for the first time produced a voluminous set of documents he represented were relied on by his experts in preparing their opinions. See Doc. 443, Notice of Filing, (hereafter “Jointly Filed Documents”). At the same time, the grant of an evidentiary hearing was vacated, and Stankewitz’s federal petition was subsequently denied. In denying the present claim, this Court found that Stankewitz had not established prejudice. Doc. 448, at 83. Specifically, this Court concluded that: (1) Stankewitz was aware that evidence of his background could be presented, but he had objected to any such testimony; (2) Stankewitz objected at both trials to the presentation of expert testimony; (3) despite Stankewitz’s continued…

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