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01-592 - Jones v. Stewart, et al

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01-592 - Jones v. Stewart, et al
September 29, 2008
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ORDER denying 58 Petition for Writ of Habeas Corpus, Clerk of Court shall enter judgment accordingly & Vacating 3 Order for stay of execution. FURTHER ORDERED GRANTING a Certificate of Appealability as to the issues specified in this Order. FURTHER ORDERED Clerk of Court forward a copy of this Order to Rachelle M. Resnick. Signed by Judge Frank R Zapata on 9/29/08. **SEE ATTACHED PDF FOR COMPLETE INFORMATION**(JEMB, ) Modified on 9/29/2008 (JEMB,To correct docket text).
October 28, 2008
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ORDER denying 143 Motion to Alter Judgment. Signed by Judge Frank R Zapata on 10/27/08.(JEMB, )
January 20, 2017
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ORDERED that an evidentiary hearing to determine whether state PCR counsel was ineffective for failing to raise Claim 1D (Guilt Phase) and Claim 1D (Penalty Phase) in Petitioners first PCR proceeding shall take place as soon as is practicable. The Court will issue a separate order setting this matter for a scheduling conference. IT IS FURTHER ORDERED that the Clerk of Court shall substitute Charles L. Ryan, Director of the Arizona Department of Corrections, as Respondent in place of former Director Terry Stewart, pursuant to Fed.R.Civ. P. 25(d)(1). Signed by Judge Timothy M Burgess on 1/18/2017. (BAR)
February 3, 2017
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ORDER that in accordance with the Court's Order, (Doc. 186) the parties, through undersigned counsel, jointly propose that the Court issue an order of protection to protect Petitioner's limited waiver of the attorney-client privilege, work product, and Fifth Amendment privilege, as set forth in the proposed order attached (see attached Order for complete details). Signed by Judge Timothy M Burgess on 2/3/2017. (MFR)
October 30, 2017
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ORDER Respondents' Motion to Preclude Strickland Experts (Doc. 229) is GRANTED IN PART. The Court precludes testimony from Petitioner's Strickland expert on issues other than the relevant prevailing professsional norms. Respondents' Motion to Preclude testimony regarding Sergeant Pesquiera's bloodstain interpretation expertise (Doc. 232) is GRANTED. Respondents' Motion to Limit Evidence to Original IAC Claim (Doc. 234) is DENIED. Respondents objection to Petitioner's Exhibit 139 is OVERRULED. Signed by Judge Timothy M Burgess on 10/30/2017. (See attached Order for details) (KEP)
July 31, 2018
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MEMORANDUM OF DECISION AND ORDER that Petitioner's Petition for Writ of Habeas Corpus is GRANTED without reaching the merits of the remaining claim, Claim 1D (Penalty Phase). State of Arizona is directed to release Petitioner from custody unless it notifies this Court that (a) it has initiated new trial proceedings within 45 days of the filing date of this Order, and (b) actually commences Petitioner's retrial within 180 days of the filing date of this Order. Clerk of Court is directed to enter judgment and close the case. Clerk to forward a copy of this Order to Janet Johnson, Clerk of the Arizona Supreme Court, 1501 W. Washington, Suite 402, Phoenix, Arizona, 85007-3329. Signed by Judge Timothy M Burgess on 7/31/18.(BAC)
October 17, 2018
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ORDER: IT IS ORDERED Respondents' 308 Motion to Stay Court Order of 7/31/18 is DENIED, and Petitioner's 311 Cross-Motion for Release Pursuant to Federal of Appellate Procedure 23 (c) is DENIED WITHOUT PREJUDICE. The State must initiate trial proceedings by 10/29/18, and trial in this matter must commence by 3/13/19. In the event the Ninth Circuit does not stay this Court's order, Respondents shall file a status report on 10/29/18, stating what steps have been taken to reinitiate proceedings, and a second status report on 1/31/19, indicating the status of Petitioner's retrial proceedings. Signed by Judge Timothy M Burgess on 10/17/18.(BAC)