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00-118 - Hurles v. Ryan, et al


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00-118 - Hurles v. Ryan, et al
October 27, 2005
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IT IS HEREBY ORDERED granting 62 Motion to Withdraw. IT IS FURTHER ORDERED granting Petitioner's request for counsel and substituting Denise Young as lead counsel for Petitioner.. Signed by Judge Robert C Broomfield on 10/24/05. (TLJ, )
July 25, 2006
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ORDER re amended petition 25, 26: ORDERED that the Fifth Amendment aspect of claim 10 is DISMISSED as non-cognizable for habeas relief; FURTHER ORDERED that claims 8 and 9 are DISMISSED WITH PREJUDICE on the merits; FURTHER ORDERED that the following claims or portions thereof are DISMISSED WITH PREJUDICE as procedurally barred: claims 1, 3, 4 and 5; the allegation in claim 6 that appellate counsel was ineffective in failing to raise claims 1, 4, 8 and 9; the guilt-stage ineffective assistance allegation of claim 7; and the Sixth Amendment aspect of Claim 10; FURTHER ORDERED that no later than 45 days following the entry of this order, petitioner shall file a memorandum regarding the merits of the following claims: claim 2, claim 6 (ineffective assistance of appellate counsel not to raise claims 2 or 5), claim 7 (ineffective assistance of sentencing counsel) and the Fourteenth Amendment aspect of claim 10; the Merits Memorandum shall specifically identify and apply the appropriate AEDPA standards of review to each claim for relief and shall not simply restate facts and argument contained in the amended petition; petitioner shall also identify in the Merits Memorandum: (1) each claim for which further evidentiary development is sought; (2) the facts or evidence sought to be discovered, expanded or presented at an evidentiary hearing; (3) why such evidence was not developed in state court; and (4) why the failure to develop the claim in state court was not the result of lack of diligence in accordance with the Supreme Court's decision in Williams v. Taylor, 529 US 420 (2000); FURTHER ORDERED that no later than 45 days following the filing of petitioner's memorandum, respondents shall file a Response Re Merits; FURTHER ORDERED that no later than 20 days following the filing of respondents' Response, petitioner may file a Reply; FURTHER ORDERED that if, pursuant to Local Rule of Civil Procedure 7.2(g), petitioner or respondents file a motion for reconsideration of this order, such motion shall be filed within 15 days of the filing of this order; the filing and disposition of such motion does not toll the time for filing the merits briefs scheduled under this order; FURTHER ORDERED that the Clerk of Court forward a copy of this order to the Clerk of the Arizona Supreme Court.... Signed by Judge Robert C Broomfield on 7/21/2006. (LAD)
October 19, 2006
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ORDER denying 74 Petitioner's Motion for Reconsideration . Signed by Judge Robert C Broomfield on 10/19/06. (LCF)
January 19, 2007
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ORDER granting 88 Motion for Extension of Time; Respondents Merits Response shall be filed by 1/31/07; Petitioner may file a Merits Reply by 3/6/07. Signed by Judge Robert C Broomfield on 1/18/07.(SBU)
March 14, 2007
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ORDER granting 91 Motion for Extension of time. Petitioners reply to Respondents answering brief shall be filed by March 29, 2007. Signed by Judge Robert C Broomfield on 03/13/07.(ESL)
March 30, 2007
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ORDER granting 93 Motion for Extension of Time. Petitioners reply to Respondents answering brief shall be filed by 4/12/07. Signed by Judge Robert C Broomfield on 3/29/07.(MAP)
September 30, 2008
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MEMORANDUM OF DECISION AND ORDER that Petitioner's (Dkt. 25) Amended Petition for Writ of Habeas is DENIED. The Clerk of Court shall enter judgment accordingly. The stay of execution entered on 01/04/00 (Dkt. 3) is VACATED. IT IS FURTHER ORDERED granting a Certificate of Appealability as to thefollowing issues listed in this order. The Clerk of Court to send a courtesy copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court. Signed by Judge Robert C Broomfield on 09/22/08. (ESL)
November 17, 2008
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ORDER - IT IS HEREBY ORDERED that Petitioner's 107 Motion to Alter or Amend Judgment is DENIED. FURTHER ORDERED that Petitioner's request to amend the Certificate of Appealability is GRANTED IN PART. The Certificate of Appealability is amended to include the following issue: Whether the Court erred in determining that Petitioner was not denied effective assistance of counsel on appeal when counsel failed to raise on appeal a claim asserting that the sentencing court had failed to consider the "cumulative weight" of his proffered mitigation. Signed by Judge Robert C Broomfield on 11/15/08. (SAT)
January 4, 2016
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ORDER denying 161 Petitioner's motion to compel disclosure. Signed by Judge Douglas L Rayes on 1/4/16. (EJA)
January 26, 2016
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ORDER denying in part 174 Respondents' motion to strike, see PDF document for details. Signed by Judge Douglas L Rayes on 1/26/16.(LSP)
May 11, 2016
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ORDER denying as moot 196 Petitioner's Motion for Reporter's Transcript of Hearing. Signed by Judge Douglas L Rayes on 5/10/16.(LSP)
May 19, 2016
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ORDER that Petitioner Hurles' claim of judicial bias is DENIED and Hurles' claim of ineffective assistance of appellate counsel is DENIED. IT IS FURTHER ORDERED granting a certificate of appealability on Hurles' judicial bias claim and his ineffective assistance of appellate counsel claim. The Clerk shall enter judgment. Signed by Judge Douglas L Rayes on 5/19/16. (LSP)