DeBerry v. Schriro, et al

DeBerry v. Schriro, et al

Case Number:	3:2004cv00858
Filed:	April 26, 2004
Court:	US District Court for the District of Arizona
Office:	Prescott Division Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 23, 2009	Filing 70 MEMORANDUM OF DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS the Court adopts in part and rejects in part 62 Report and Recommendation of the Magistrate Judge. The Court adopts Grounds 1(b), 3(a), and 3(b) of the magistrate judge's rep ort. The Court rejects Grounds 1(a), 1(c), and 2 of the magistrate judges report. IT IS FURTHER ORDERED that Ground 1(a) (Mitigation) and Ground 1(c) (Aggravation) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DISMISS ED WITH PREJUDICE. IT IS FURTHER ORDERED that Ground 1(b) (Silence on Remorse), Ground 3(a) (Apprendi/Blakely), and Ground 3(b) (Ineffectiveness of Counsel) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DENIED. IT IS FURTHER ORDERED that Ground 2 (Breach of Plea Agreement) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DENIED. IT IS FURTHER ORDERED that the Clerk of Court send copies of this Order to all parties of record in the case as well as to the magistrate judge. The Clerk shall terminate this case. Signed by Judge Stephen M McNamee on 10/22/09. (LSP)

Date Filed

Document Text

October 23, 2009

Filing 70 MEMORANDUM OF DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS the Court adopts in part and rejects in part 62 Report and Recommendation of the Magistrate Judge. The Court adopts Grounds 1(b), 3(a), and 3(b) of the magistrate judge's rep ort. The Court rejects Grounds 1(a), 1(c), and 2 of the magistrate judges report. IT IS FURTHER ORDERED that Ground 1(a) (Mitigation) and Ground 1(c) (Aggravation) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DISMISS ED WITH PREJUDICE. IT IS FURTHER ORDERED that Ground 1(b) (Silence on Remorse), Ground 3(a) (Apprendi/Blakely), and Ground 3(b) (Ineffectiveness of Counsel) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DENIED. IT IS FURTHER ORDERED that Ground 2 (Breach of Plea Agreement) of 60 Petitioner's Second Amended Petition for Writ of Habeas Corpus be DENIED. IT IS FURTHER ORDERED that the Clerk of Court send copies of this Order to all parties of record in the case as well as to the magistrate judge. The Clerk shall terminate this case. Signed by Judge Stephen M McNamee on 10/22/09. (LSP)

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