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99-1812 - Murray, et al v. Stewart, et al


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99-1812 - Murray, et al v. Stewart, et al
April 14, 2006
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PREJUDICE as procedurally barred: (a) the 8th Amendment aspects of Claims 29 and 40; (b) the 14th Amendment Equal Protection aspects of Claims 1-5, 9-12, 15, 22, 29-37, 39 and 40; and (d) the 6th Amendment aspects of Claims 2, 4, 7, 9-11 and 15; FURTHER ORDERED that Claim 47 shall be DISMISSED WITHOUT PREJUDICE as premature; FURTHER ORDERED that Claims 1, 3, 5, 7, 10, 12, 22, 29, 30-37, 39 and 40 shall be reviewed on the merits, to the extent stated herein, in subsequent order; FURTHER ORDERED that, no later than 45 days following entry of this order, petitioner shall file a memorandum regarding the merits only of the properly exhausted claims identified in the "Conclusion" section of this order; the Merits Memorandum shall specifically identify and apply 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 whiORDER that the 5th Amendment aspect of ALL of petitioner's claims and the 8th Amendment of Claims 1-5, 7, 9, 10-12, 15, 30-37 and 39 shall be DISMISSED WITH PREJUDICE as non-cognizable; FURTHER ORDERED that the following shall be DISMISSED WITH ch 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 of 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 AZ Supreme COurt, 1501 W. Washington, Phoenix, AZ 85007-3329. Signed by Judge David G Campbell on 4/13/2006. (LAD)
April 10, 2008
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MEMORANUDM OF DECISION AND ORDER that Petitioner's Amended Petition for Writ of Habeas Corpus 20 is denied. The Clerk of Court shall enter judgment accordingly. The stay of execution issued by this Court on October 12, 1999, is vacated. A Certificate of Appealability is denied. The Clerk of Court shall forward a copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court. Signed by Judge David G Campbell on 4/9/08. (TLJ)