Ruiz
Ruiz v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IGNACIO RUIZ, Case No. 18-cv-07681-EMC
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO ALTER OR AMEND
JUDGMENT
M. ELIOT SPEARMAN, Docket No. 15 Defendant.
12 13 On August 13, 2020, this Court granted Petitioner Ignacio Ruiz’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction from Contra Costa County Superior Court. Docket No. 14 (“Order”). Respondent M. Eliot Spearman (“the government”) filed a motion to alter or amend the judgment and request for evidentiary hearing pursuant to Federal Rule of Civil Procedure 59(e). Docket No. 15 (“MTA”). The Court granted the government’s request for an evidentiary hearing to determine what Daniel Cook, Mr. Ruiz’s trial counsel, advised Mr. Ruiz regarding (1) the likelihood of parole had Mr. Ruiz pled to two second- degree murder charges with indeterminate sentences of fifteen years to life, and (2) the availability of a defense at…