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05-1561 - Martinez, et al v. Ryan, et al


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05-1561 - Martinez, et al v. Ryan, et al
March 21, 2008
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MEMORANDUM OF DECISION AND ORDER - IT IS ORDERED that Petitioner's 62 Motion for Discovery, to Expand the Record and for Evidentiary Hearing is DENIED. FURTHER ORDERED that Petitioner's 74 Supplemental Motion for Evidentiary Development, Petitioner's 80 Motion to Produce trial exhibit, and Petitioner's 85 Motion for Leave to File additional evidence insupport of his motion for evidentiary development are DENIED. FURTHER ORDERED that Petitioner's 30 Amended Petition for Writ of Habeas Corpus is DENIED WITH PREJUDICE. The Clerk of Court shall enter judgment accordingly. FURTHER ORDERED that the stay of execution entered by this Court on 5/25/05, is VACATED. FURTHER ORDERED that a Certificate of Appealability is GRANTED as to the following issues: 1. Whether the Court erred in determining that part of Claim 1, alleging trial and appellate counsel ineffectiveness for failing to challenge Judge Hotham for cause, lacked merit; 2. Whether the Court erred in determining that Petitioner failed to establish cause to overcome the default of the judicial bias allegation in Claim 1; 3. Whether the Court erred in determining that Claim 7, alleging an unconstitutional premeditation instruction, lacked merit; and 4. Whether the Court erred in determining that Petitioner failed to establish cause to overcome the default of the Brady allegation in Claim 9. FURTHER ORDERED that the Clerk of Court forward a copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court, 1501 W. Washington, Phoenix, AZ 85007-3329. Signed by Judge Earl H Carroll on 3/20/08. (SAT)
April 15, 2008
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ORDER - IT IS HEREBY ORDERED denying Petitioner's 90 Motion for Reconsideration. Signed by Judge Earl H Carroll on 4/15/08.(SAT)
March 31, 2016
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ORDER: Petitioner's Renewed Request for Indication Whether the District Court Would Consider a Rule 60(b) Motion 115 is denied; Claims 4, 11, 12, 16, and 17 are denied as procedurally barred; Petitioner's request to expand the record, for evidentiary development, and for an evidentiary hearing is denied except as to the Court's consideration of the expanded record for the purpose of evaluating cause and prejudice; a Certificate of Appealability is denied, re: 08-99009. Signed by Senior Judge Roslyn O Silver on 3/30/16. (REW)
June 16, 2016
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ORDER denying Petitioner's 128 Motion to Alter or Amend Judgment Pursuant to Rule 59(e). Signed by Senior Judge Roslyn O. Silver on 6/16/16.(CLB)