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03-614 - Barnett v. Roper


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03-614 - Barnett v. Roper
August 24, 2006
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MEMORANDUM AND ORDER:... IT IS HEREBY ORDERED that David Barnett's Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. section 2254, doc.#15 is DENIED. IT IS FURTHER ORDERED that the Court shall issue a Certificate of Appealability on Grounds One, Five (relating to Venirepersons Donna Straub and Paula Moore), and Seven (relating to the personalization by prosecutor during initial penalty-phase closing). Petitioner is not entitled to a Certificate of Appealability on his remaining grounds. Signed by Judge E. Richard Webber on 08/24/2006. (BDC)
April 1, 2010
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MEMORANDUM AND ORDER. ORDERED that petitioner's motions to file documents exparte and under seal [Docs. 62, 65] are DENIED. FURTHER ORDERED that the Clerk shall remove the sealed access level on docket entries 62-66 so that these documents are publicly available. Additionally, the Clerk shall ensure that respondent receives a copy of these documents. Signed by Honorable E. Richard Webber on 4/1/10. (KLH)
July 10, 2012
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MEMORANDUM AND ORDER: IT IS FURTHER ORDERED that petitioner's Supplemental Application for Habeas Corpus Under 28 U.S.C. ยง 2254 [Doc. 77] is DISMISSED without prejudice. IT IS FURTHER ORDERED that petitioner's motion for relief from judgment [Doc. 78] is DENIED. Signed by Honorable E. Richard Webber on July 10, 2012. (BRP)
April 22, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that with the exception of Ground I - alleging ineffective assistance of counsel at the penalty phase of his trial due to trial counsel's failure to investigate and present mitigating evidence - Petitioner David Barnett's Motion to Amend Judgment Pursuant to Rule 59(e) [ECF No. 84] is DENIED. Signed by District Judge E. Richard Webber on April 22, 2013. (BRP)
February 7, 2014
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Petitioner David Barnett's CJA Ex Parte Motion for Leave to File Ex Parte Motion [ECF No. 142] is DENIED, as moot. IT IS FURTHER ORDERED that Petitioner David Barnett's Amended CJA Ex Parte Motion for Leave to File Ex Parte Motion [ECF No. 144] is GRANTED. Signed by District Judge E. Richard Webber on 02/07/2014. (CBL)
August 18, 2014
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MEMORANDUM AND ORDER re:252 MOTION for Disclosure filed by Respondent Don Roper. IT IS HEREBY ORDERED that Respondent Don Roper's Motion for Disclosure [ECF No. 252] is GRANTED. IT IS FURTHER ORDERED that, upon the receipt of this Memorandum and Order, Petitioner shall produce the psychiatric evaluation conducted by Bruce Harry, M.D., to Respondent. Signed by District Judge E. Richard Webber on August 18, 2014. (MCB)
January 22, 2016
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MEMORANDUM AND ORDER. (See Full Order.) The Court fails to find manifest error, requiring an amended judgment. The procedural bar was overcome with proper cause because of state post-conviction relief counsel's ineffective assistance of counsel. The Court correctly determined the statute of limitations will not be applied. This Court provided the proper deference to the State courts' procedural decision. Finally, the Court declines to amend its remedy as the State still has appellate rights. Accordingly, IT IS HEREBY ORDERED that Respondent Don Roper's Motion 363 to Alter or Amend Judgment Pursuant to Federal Rule of Civil Procedure 59 is DENIED. Signed by District Judge E. Richard Webber on 1/22/2016. (CBL)