Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:07-cv-05090-CRB

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Filed 06/04/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GERALD A. ENGLER Senior Assistant Attorney General 4 STAN HELFMAN, State Bar No. 49104 Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 5 San Francisco, CA 94102-7004 Telephone: (415) 703-5854 6 Fax: (415) 703-1234 Email: [email protected] 7 8 Attorneys for Respondent 9 10 11 12 13 SHANNON L. GUILLORY, 14 Petitioner, 15 v. 16 TINA HORNBECK, Warden, 17 Respondent. 18 19 20 21 22 Stan Helfman states under Penalty of Perjury: (1) I am a Supervising Deputy Attorney General for the State of California and I DECLARATION OF STAN HELFMAN IN SUPPORT OF MOTION FOR EXTENSION OF TIME TO FILE ANSWER C 07-5090 CRB (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

23 represent respondent in this matter. 24 (2) According to the Order to Show Cause, Guillory was convicted by a jury of first

25 degree murder, robbery, kidnap for robbery, kidnap for carjacking, kidnap, carjacking and child 26 endangerment. She was sentenced to a term of 25 years to life. The California Court of Appeal 27 reversed the kidnaping conviction and otherwise affirmed the conviction. The California 28 Supreme Court denied review.
Decl. of Stan Helfman in Support of Mot. for EOT to File Answer Guillory v. Hornbeck C 07-5090 CRB (PR)

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Case 3:07-cv-05090-CRB

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(3) On October 3, 2007, Guillory filed a pro se petition for a writ of habeas corpus in

2 this court. 3 (4) On February 11, 2008, this Court issued an order to show cause and directed the

4 filing of an answer on or before April 11, 2008. On April 8, 2008, this court extended our time 5 to June 10, 2008. 6 7 (5) Respondent has filed one prior extension request in this case. (6) I received this court's order to show cause on February 19, 2008. I promptly

8 ordered our state appeal file, which I received on February 21, 2008. 9 (7) The appeal file consists of three large boxes of transcripts, pleadings, orders, and

10 other materials. 11 (8) I have reviewed the petition and the claims of Miranda violation, insufficient

12 evidence, judicial misconduct and ineffective assistance of counsel. 13 (9) Despite my best intentions, I have been unable to complete preparation of our

14 pleading. It was necessary for me to complete pleadings in Conti v. Evans, C 05-2145, Espinosa 15 v. Walker, C 07-1741, People v. Primas, A116667, Townsend v. Adams, C 07-4904. At the same 16 time, in my capacity as a supervisor, it was necessary for me to review numerous lengthy draft 17 pleadings prepared by other deputies in this office. I must prepare pleadings in Jordan v. Yates, 18 C07-4680, Garcia v. Horel, C 07-06012, Magraff v. Ayers, CIV S 07-1121, People v. Parra, 19 A119864. I am working on Parra. 20 For the foregoing reasons, we respectfully request an extension of time of 62 days, to

21 and including Monday, August 11, 2008, in which to answer the petition. 22 23 24 25 26 27 28
Decl. of Stan Helfman in Support of Mot. for EOT to File Answer Guillory v. Hornbeck C 07-5090 CRB (PR)

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Case 3:07-cv-05090-CRB

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Dated: June 4, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General

/s/ Stan Helfman STAN HELFMAN Supervising Deputy Attorney General Attorneys for Respondent

Decl. of Stan Helfman in Support of Mot. for EOT to File Answer

Guillory v. Hornbeck C 07-5090 CRB (PR)

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