Free Motion for Leave to File Excess Pages - District Court of California - California

Case 3:07-cv-05013-SI

Document 9-2

Filed 03/13/2008

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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 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 MICHELE J. SWANSON, State Bar No. 191193 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 6 San Francisco, CA 94102-7004 Telephone: (415) 703-5703 7 Fax: (415) 703-1234 Email: [email protected] 8 9 Attorneys for Respondent 10 11 12 13 14 DANIEL MOORING, 15 Petitioner, 16 v. 17 J. WALKER, Warden, 18 Respondent. 19 20 21 22 I, MICHELE J. SWANSON, declare under penalty of perjury: I am a Deputy Attorney General for the State of California. I prepared the DECLARATION OF COUNSEL IN SUPPORT OF APPLICATION FOR LEAVE TO FILE BRIEF IN EXCESS OF 25 PAGES C 07-5013 SI (pr) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

23 Memorandum of Points and Authorities in Support of the Answer to the Petition for Writ of 24 Habeas Corpus. 25 Petitioner filed a 24-page Petition for Writ of Habeas Corpus. The Court found all

26 seven of the claims raised in the petition cognizable. 27 I responded to each of petitioner's claims as succinctly as possible in our brief.

28 Several claims required a detailed discussion of the state court proceedings in order to analyze
Decl. of Counsel in Support of Applic. for Leave to File Brief in Excess of 25 Pgs. Mooring v. Walker C 07-5013 SI (pr)

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Case 3:07-cv-05013-SI

Document 9-2

Filed 03/13/2008

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1 the legal issues in factual context. Also, because petitioner did not specifically address the 2 impact of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in his petition, it 3 was necessary to set forth the applicable standard of review both generally and as it applied to 4 the specific claims. 5 The state has an obligation to present this Court with all relevant arguments in order to

6 ensure that the final decision does justice to all parties. In order to meet that obligation, I 7 respectfully request leave to file a brief in excess of 25 pages. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Decl. of Counsel in Support of Applic. for Leave to File Brief in Excess of 25 Pgs. Mooring v. Walker C 07-5013 SI (pr)
40228729.wpd SF2007403156

I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, on March 13, 2008.

/s/ Michele J. Swanson MICHELE J. SWANSON Deputy Attorney General

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