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04-039 - Lee, et al v. Schriro, et al


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04-039 - Lee, et al v. Schriro, et al
September 29, 2006
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ORDER that the following claims are DISMISSED WITH PREJUDICE: Claim 1 (change of venue due to shackling), Claim 2, Claim 4 (prosecutorial misconduct-Detective Masino), Claim 6, and Claim 9(c) based on a procedural bar and Claim 5(b) on the merits. FURTHER ORDERED that Petitioner's Motion for Discovery, Evidentiary Hearing and Expansion of the Record 78 is DENIED. FURTHER ORDERED that if, pursuant to LR Civ 7.2(g), Petitioner or Respondents file a Motion for Reconsideration of this Order, such motion shall be filed within fifteen (15) days of the filing of this Order. FURTHER ORDERED that the Clerk forward a courtesy copy of this Order to the Clerk of the Arizona Supreme Court, 1501 W. Washington, Phoenix, AZ 85007-3329. Signed by Judge Mary H Murguia on 9/25/06. (KMG, )
August 16, 2010
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ORDER that counsel for the Respondents, the Arizona Attorney General's Office, submit a Notice of Filing of (1) Petitioner's Supplement to Pre-sentencing Memorandum, filed 2/17/93 (Doc. 96); (2) Letter from Defendant, filed 2/17/93 (Doc. 97); (3) Presentence Report, filed 3/1/93 (Doc. 98); (4) Exhibits from the Aggravation Mitigation Hearing held on February 10, 1993, Ex. 1, 2, 4, 5, and 6. The Arizona Supreme Court numbers for this case are: No. CR-93-0111-AP & CR-93-0323-T/AP. The superior court number for this case is: La Paz County Superior Court No. CR-92-01-13. Signed by Judge Mary H Murguia on 8/10/10. (DMT)
September 30, 2010
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MEMORANDUM OF DECISION AND ORDER; Petitioner's Amended Petition for Writ of Habeas Corpus 52 is DENIED WITH PREJUDICE; the Clerk of Court shall enter judgment accordingly; the stay of execution entered on 1/14/04 (Doc. 3) is VACATED; a Certificate of Appealability is GRANTED as to the following issues: Claim 9-A: Whether trial counsel's presentation of a "false" alibi defense constituted ineffective assistance of counsel; Claim 9-B: Whether trial counsel's failure to fully investigate a voluntary intoxication defense constituted ineffective assistance of counsel; Claim 9-D: Whether trial counsel's investigation and presentation of relevant mitigating evidence at sentencing constituted ineffective assistance of counsel; the Clerk of Court shall send a courtesy copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court. Signed by Judge Mary H Murguia on 9/30/10. (REW)
March 7, 2016
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ORDER denying Respondent's 129 Motion to Strike Exhibits. Respondents may file a surreply no later than March 25, 2016. Signed by Judge John J Tuchi on 03/07/2016. (ATD)