Emery

Emery v. Clark

Good Law
604 F.3d 1102·2010 WL 1905017·2010 U.S. App. LEXIS 9823
United States Court of Appeals for the Ninth CircuitMay 13, 2010No. 08-55249California9,889 words

Opinion

Lead Opinion

Hall, J.

ORDER CERTIFYING DETERMINATIVE QUESTIONS OF STATE LAW TO THE CALIFORNIA SUPREME COURT

We respectfully ask the Supreme Court of California to exercise its discretion to decide the certified questions set forth below pursuant to rule 8.548 of the California Rules of Court.

I. Administrative Information

We provide the following information in accordance with rule 8.548(b)(1) of the California Rules of Court:

The title of the case is Ruben Anthony Emery, Petitioner-Appellant v. Ken Clark, Respondent-Appellee, and it is assigned Ninth Circuit Case No. 08-55249.

The name and address of counsel for Petitioner Emery is Vivian A. Fu, P.O. Box 460374, San Francisco, California 94146.

The name and address of counsel for Respondent Clark is James William Bilderback, II, Supervising Deputy Attorney General, Office of the California Attorney General, 300 S. Spring St., Los Angeles, California 90013.

If the California Supreme Court grants this request for certification, state prisoner Ruben Anthony Emery should be deemed the petitioner. After being convicted of special circumstances murder and attempted robbery with criminal street gang enhancements, and exhausting his direct appeal and…

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