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00-2521 - D'Ambrosio v. Bagley


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00-2521 - D'Ambrosio v. Bagley
March 24, 2006
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Memorandum and Order. D'Ambrosio's petition for a writ of habeas corpus (Related doc # 22) is GRANTED. Accordingly, the Court issues a writ of habeas corpus as follows. The Respondent shall either: (1) set aside D'Ambrosio's conviction and sentence of death; or (2) conduct another trial. This shall be done within 180 days from the effective date of this Order. On this Court's own motion, execution of this Order and, hence, its effective date, is stayed pending appeal by the parties. The Court issues a Certificate of Appealability on some, but not all of the issues raised in D'Ambrosio's Petition. Signed by Judge Kathleen M. O'Malley on 3/24/2006. (H, C)
March 6, 2009
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Order. Conference held 3/5/2009. The Court granted Prosecutors motion to intervene (Related Doc # 210) as unopposed. Respondent and Prosecutor's Motion for extension of time (Related Doc # 211) is granted for the reasons and under the guidelines set forth herein. Petitioners opposition to motion to extend is due by 3/16/2009, with reply due by 3/24/2009. Hearing set for 4/1/2009 at 10:00 a.m. at Courtroom 16A. Judge Kathleen M. O'Malley on 3/6/2009.(H,CM)
April 24, 2009
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Memorandum Opinion and Order For the foregoing reasons, the Court DENIES THE REQUEST TO EXTEND THE EXISTING MANDATE and ORDERS D'AMBROSIO'S RECORD EXPUNGED, but will NOT BAR THE STATE'S REPROSECUTION of D'AMBROSIO. Accordingly, the Court issues an unconditional writ of habeas corpus and orders the expungement of the existing state criminal records, but does not prohibit the State from proceeding with a reprosecution of D'Ambrosio, to the extent the state courts continue to authorize such action. The Court delays its issuance of an unconditional writ for fifteen (15) days from the date of this Order, to allow time for the state trial court to resolve any bond issues raised by this ruling. Related document 230. Signed by Judge Kathleen M. O'Malley on 4/24/09. (K,K)
April 27, 2009
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Corrected Memorandum Opinion and Order. 242 The Court DENIES THE REQUEST TO EXTEND THE EXISTING MANDATE and ORDERS D'AMBROSIO'S RECORD EXPUNGED, but will NOT BAR THE STATE'S REPROSECUTION of D'AMBROSIO. Accordingly, the Court issues an unconditional writ of habeas corpus and orders the expungement of the existing state criminal records, but does not prohibit the State from proceeding with a reprosecution of D'Ambrosio, to the extent the state courts continue to authorize such action. The Court delays its issuance of an unconditional writ for fifteen (15) days from the date of this Order, to allow time for the state trial court to resolve any bond issues raised by this ruling. Judge Kathleen M. O'Malley on 4/27/2009. (H,CM)
May 22, 2009
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Memorandum and Order. Intervening party, Prosecuting Attorney William Mason, may file opposition brief to motion for certificate of appealability by 5:00 p.m. on 5/27/2009, with Petitioner D'Ambrosio's reply due by 5:00 p.m. on 5/29/2009. Judge Kathleen M. O'Malley on 5/22/2009. (H,CM)
June 9, 2009
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Order . Petitioner Joe D'Ambrosio's Application for certificate of appealability (Related Doc # 245) is GRANTED. Judge Kathleen M. O'Malley on 6/9/2009.(H,CM)
October 5, 2009
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Memorandum and Order. The State should be prepared to explain the information requested herein at the oral argument. Judge Kathleen M. O'Malley on 10/5/2009. (H,CM)
November 17, 2009
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Memorandum and Order. The Court CERTIFIES that if this case is remanded, the Court is inclined to VACATE its 4/27/2009 Order 243 and GRANT D'Ambrosio's Motion for Relief from Judgment 251. Judge Kathleen M. O'Malley on 11/17/2009. (H,CM)
March 3, 2010
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Memorandum and Order For the reasons stated in the Order, D'Ambrosio's Motion for Relief from Judgment (Doc. 251) is GRANTED under Rule 60(b)(6). The Court hereby VACATES that portion of its April 27, 2009 Judgment (Doc. 243) declining to bar D'Ambrosio's reprosecution. Accordingly, the now-unresolved portion of the State's Motion for an Extension of Time (Doc. 211) is ripe for adjudication. For the reasons articulated in its April 27, 2009 Memorandum and Order, the Court DENIES that motion (Doc. 211) and, for the reasons articulated here, now BARS any attempt to reprosecute D'Ambrosio.Signed by Judge Kathleen M. O'Malley on 3/3/10. (K,K) (Attachment # (1) Memorandum Opinion and Order dated April 27, 2009) (K,K).