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05-722 - Stallings v. Bradshaw

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05-722 - Stallings v. Bradshaw
February 6, 2007
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Order. The Court finds that Stallings has failed to set forth sufficient good cause pursuant to Habeas Rule 6 to warrant an expansion of discovery. Accordingly, Stallings' Motion to expand discovery (Related Doc # 33) is denied. Signed by Judge Kathleen M. O'Malley on 2/6/2007.(H,CM)
June 8, 2007
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/8/2007.(H,CM)Order. Petitioner's Motion for evidentiary hearing (Related Doc # 48) is GRANTED, but limits the presentation as outlined herein. Evidentiary Hearing set for 8/29/2007 09:30 AM in Courtroom 16A. Signed by Judge Kathleen M. O'Malley on 6
August 13, 2007
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Order. The Court grants Stallings' Motion in Limine (Doc. No. 60), but reserves the right for the Respondent to question Dr. Bendo at the evidentiary hearing regarding his impressions of Stallings' mental status at the time of his trial as it is relevant to the factual development of the ninth ground for relief. The Court grants the joint motion for discovery, (Doc. No. 63), and therefore denies Stallings' motion for discovery (Doc. No. 61), as moot. The Court grants Stallings' motion for sur-rebuttal witness (Doc. No. 64). Finally, the Court denies Stallings' motion for a status conference, (Doc. No. 62), as the time limitations for the evidentiary hearing are set forth herein. Signed by Judge Kathleen M. O'Malley on 8/13/2007.(H,CM)
March 31, 2008
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Memorandum of Opinion and Order. For the reasons set forth, Stallings's petition for a writ of habeas corpus will be GRANTED in part and DENIED in part. Specifically, the Court grants Stallings a writ of habeas corpus as it pertains to his claim of ineffective assistance of trial counsel at the mitigation phase of trial. The Court denies habeas relief for all other grounds for relief raised in the petition. The Respondent shall either: (1) set aside Stallings' sentence of death; or (2) conduct another penalty phase. This shall be done within 180 days from the effective date of this Order. On this Courts own motion, execution of this Order and, hence, its effective date, is stayed pending appeal by the parties. The Court sets forth its Certificate of Appealability (COA) determinations. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that an appeal in forma pauperis would not be frivolous and can be taken in good faith. Signed by Judge Kathleen M. O'Malley on 3/31/2008. (H,CM)