Free Letter - District Court of Delaware - Delaware

AA · Case 1 :07-cv-00284-GI\/IS Document 30 Filed 1 1/07/2007 Page 1 of 4 V
_ IN THE UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE A
STEVEN W. KRAFCHICK, §
Petitioner, § _
§
§
v. § Civil Action No. 07-284-GMS _
§
§ .
ELIZABETH BURRIS, Acting Warden §
and JOSEPH R. BIDEN, III, Attorney §
General ofthe State of Delaware, §
Respondents. § i` -
PETITIONER’S REQUEST FOR LEAVE OF COURT ‘
TO PURSUE DISCOVERY PURSUANT TO
HABEAS CORPUS RULE 6 (a)
The petitioner, Steven W. Krafchick, hereby request leave of the court to pursue
Discovery pursuant to Habeas Corpus Rule 6 (a). A judge may, for good cause, authorize a party
to conduct discovery under the Federal Rules of Civil Procedure and may limit the extent of I
discovery. If necessary for effective discovery, the judge must appoint an attorney for a
petitioner who qualifies to have counsel appointed under IS U.S.C. § 3006A.
The following is offered in support of the granting of this motion: _ .
1. The petitioner has raised substantial contentions that if proven would cast a reasonable
doubt sufficient enough to have the acceptance of the guilty plea undermined and that the .
petitioner could not have known what he was doing at the time ofthe plea offer due to the
medications that the petitioner was on at the time. ‘
{ NOV " 7 0007 i

_ case i ;o7-Qv;ooaa4-Guns ogriniéniwsoi i `iiued ii metres F>`§gé`E ”””” ef Z H " ` C T
2. Discovery may, in appropriate cases, aid in developing facts necessary to decide whether
i to order an evidentiary hearing or to grant a writ following an evidentiary hearing. 394
U.S. at 301 n. 7.
3. The petitioner raises an issue that is in dispute 0f law and [acts where the granting of
discovery before the granting of an evidentiary hearing may be appropriate. Such an
approach was advocated in Wagner v. United States, 418 F.2d 618, 621 (9th Cir. 1969),
where the opinion stated the trial court could permit interrogatories, provide for deposing
witness, "r:md take such otherpre-hearing steps us may be appr0priate." A
4. The information that is sought by the petitioner may not be appropriate for Habeas ‘
Corpus Rule 7 (b), in that, the information may not have been prepared prior to the
petiti0ner’s request; therefore, that is the reason for the petitioner requesting a Rule 6 (a)
discovery. .
5. The petitioner believes that the appropriate vehicle is under Habeas Corpus Rule 6 (a);
the interrogatories that accompany this request ask the all-important question oi what if
any, preventive steps were taken prior to approaching the petitioner who was legally
medicated on psychotropic drugs. ln addition, what preventive steps were taken to ensure
I the petitioner could reasonable consult with counsel meaningfully, and that the decision_
to proceed with the plea agreement was truly voluntary, intelligent, and knowingly done .
on the part of the petitioner and is not undermined by the medications he was on.
6. The petitioner also believes that the granting of such motion would serve in the best
interest of justice under the circumstances. _
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` Case 1 :07-cv-00284-GI\/IS Document 30 Filed 1 1/07/2007 Page 3 of 4
e l
Wherefore, the petitioner prays that this Court will grant this motion for the leave of Court,
allow the petitioner interrogatories sufficient to develop the petitioner’s contentions; for the
purpose of this Court’s consideration of an evidentiary hearing ii] the Court believes the issue
of law and facts cannot be resolved. In addition, allow the limit appointment of counsel to I
ensure meaningful discovery pursuant to Habeas Corpus Rule 6 (a) and in accordance with i
Habeas Corpus Rule 8 (c). in _
Dated: November 5, 2007 t
Steven W. a - lick (Pro—se) ·
Delaware Correctional Center ,
1181 Paddock Road ?
Smyrna, DE 19977

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» Case 1 :07-cv-00284-GI\/IS Document 30 Filed 1 1/07/2007 Page 4 of 4
CERTIFICATE OF SERVICE - 1
I, Steven W. Krafchick, hereby certify that I have served a true and correct copy (ies)
ofthe attached Motion for Leave of Court pursuant to Habcas Corpus Rule 6 (a) of the Federal
Civil Procedures and Rules upon the following parties/person: p ,
· - it
1
To: Office of the Clerk To: Elizabeth R. McFar1an i
` United States District Court Deputy Attorney General Q
844 N. King Street, Lockbox 18 820 N. French Street
Wilmington, Delaware 19801-3570 Wilmington, Delaware 19801 `
Del. Bar. ID No. 3759 ti
BY PLACIN G SAME 1N A SEALED ENVELOPE, and depositing same inthe United States
Mail located at the Delaware Correctional Center, 1181 Paddock Road, Smyrna, DE 19977. i
On this f day of month November, 2007
` X"`. .
Steven . fchick (Pro—se) ‘
Delawar orrectional Center
1181 Paddock Road
Smyrna, DE 19977 ‘