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03-455 - Sanders v. White

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03-455 - Sanders v. White
February 18, 2015
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MEMORANDUM OPINION & ORDER: It is ORDERED that Sanders' petition for the writ of habeas corpus, 1 73, motion for discovery 78, motion for an evidentiary hearing 79, motion for funds, [80,] and motion to expand the record 97 are DENIED. Signed by Judge Amul R. Thapar on 2/18/2015.(LC)cc: COR, Modified text on 2/18/2015 (LC).
July 15, 2015
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MEMORANDUM OPINION AND ORDER: (1) Sanders' motion for reconsideration under FRCP 59(e), 115, is GRANTED IN PART and DENIED IN PART. (2) Court's previous judgment, 114, is VACATED as it applies to resolution of Claim 27(I). (3) By 8/17/2015, Sanders SHALL FILE sworn affidavits from witnesses identified in Claim 27(I), detailing mitigation testimony they would have provided during penalty phase. By 8/17/2015, Sanders also SHALL FILE a brief explaining relevance of affidavits to his cause-and-prejudice argument; (4) By 9/8/2015, Warden SHALL RESPOND to both affidavits and Sanders' brief. (5) By 9/22/2015, Sanders may file a reply. (6) If affidavits demonstrate need for an evidentiary hearing on Sanders' cause-and-prejudice argument, Court will inform parties. If Sanders establishes cause and prejudice for his procedural default on Claim 27(I), Court will set a deadline to file a motion to expand record or hold an evidentiary hearing on merits of that claim. (7) Sanders' motion for a certificate of appealability, 120, is DENIED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 7/15/2015. (STC)cc: COR
June 21, 2016
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MEMORANDUM OPINION & ORDER: (1) Sanders' petition for a writ of habeas corpus with respect to Claim 27(I) is DENIED. (2) Sanders' motion to alter or amend judgment with respect to Claim 27(I), 115, is DENIED. (3) Sanders' application for a certificate of appealability with respect to Claim 27(I),116, is GRANTED. Signed by Judge Amul R. Thapar on 6/21/2016.(STC)cc: COR
May 16, 2017
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MEMORANDUM OPINION AND ORDER: Sanders' 151 Motion for Certificate of Appealability is GRANTED IN PART and DENIED IN PART. The motion is granted as to: (1) Claim 18; (2) Claim 27(F), specifically as whether the Kentucky Supreme Court unreasonably applied Strickland; and (3) Claim 36, specifically as to whether Sanders suffered cumulative prejudice from the deficiencies alleged in Claims 27(F) and 27(I). The motion is otherwise denied. Signed by Judge Amul R. Thapar on 5/16/2017. (STC)cc: COR,6CCA