Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv—00058-HB Document 18 Filed 12/12/2006 Page 1 of 1
O, M *%,0 STATE OF DELAWARE &°s1"`“ “·‘i¤v
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_»§' CARL C. DANBERG 722, " §i‘*‘
’°·*··¤¤·"° Attorney General OF DE"
NEW CASTLE COUNTY KENT COUNTY SUSSEX COUNTY
Carvel State Building 102. West Water Street 114 E. Market Street
820 N. French Street _ Dover, DE 19904 Georgetown, DE 19947
Wilmington, DE 19801 Criminal Division (302) 739-4211 (302) 856-5352
Criminal Division (302) 577-8500 Fax: (302) 739-6727 Fax: (302) 856-5369
Fax: (302) 577-2496 Civil Division (302) 739-7641 TTY: (302) 856-2500
Civil Division (302) 577-8400 Fax: (302) 739-7652
Fax: (302) 577-6630 . TTY: (302) 739-1545
TTY: (302) 577-5783
December 12, 2006 E
PLEASE REPLY T0: 5 7 7 - 8 5 g O
The Honorable Kent A. Jordan ‘
United States District Court .
844 King Street »
Wilmington, DE 19801 g
Re: Capano v. Carroll, et al. C.A. 06-58 KAJ _ 7
Dear Judge Jordan, .
I received Mr. Bernstein's letter regarding the status of A
Mr. Capano's case today. The State agrees with Mr. Bernstein's ,
representation that the parties have agreed that no evidentiary
hearing is required in this case. The State also agrees that it
has filed an answer and the state court records. However, the _
state does not agree to Mr. Bernstein's proposed briefing i
schedule. As I explained to Mr. Bernstein, the State believes .
that it has adequately addressed all the claims presented in Mr. `
Capano's habeas petition, and therefore the State does not f
believe that additional briefing is necessary. I informed Mr. j
Bernstein that he was free to file additional briefing if he so
desired, but that the State did not anticipate further briefing
on its part. Thus, the State respectfully requests that Mr. j
Bernstein be allowed to file a brief, without requiring the State 7
to respond. If, upon receipt of Mr. Bernstein's brief, the State
feels that additional briefing is required, the State will so 7
indicate at that time. ?
n Very truly, E
. /s/ Elizabeth R. McFarlan E
. cc: Joseph M. Bernstein, Esq.