Chappell

Clark v. Chappell

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20233:97-cv-20618California973 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD DEAN CLARK, Case No. 3:97-cv-20618 (WHO) Petitioner, CAPITAL CASE 8 v. ORDER GRANTING MOTION TO OAK SMITH, Acting Warden of California EXTEND TIME FOR RESENTENCING State Prison at San Quentin, Re: Dkt. No. 600 11 Respondent.

13 I granted Petitioner partial habeas relief on July 14, 2022, ordering Respondent either to 14 vacate Petitioner’s death sentence and resentence him in accordance with the United States 15 Constitution and California law or to commence proceedings to retry his penalty phase within one- 16 hundred and twenty days of the order. (Dkt. No. 595.) I have now granted two requests to extend 17 the deadline, allowing the State until March 31, 2023, to complete the conditions of the habeas 18 relief order. (Dkt. No. 597; Dkt. No. 599.) Respondent requests an additional extension until June 19 1, 2023, to complete the resentencing. For good cause shown, the motion is granted. 20 Petitioner and Respondent agree that the State originally needed more time to comply…

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