Esparza v. Anderson

 
Case Number: 3:1996cv07434
Filed: July 12, 1996
 
Court: Ohio Northern District Court
Office: Toledo Office
Presiding Judge: Kathleen M. O'Malley
 
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
July 12, 2012 194 Featured Case Memorandum of Opinion and Order. Pursuant to the United States Supreme Court's decision in Mitchell v. Esparza, 540 U.S. 12 (2003), that portion of this Court's 10/13/2000 Opinion & Order granting Claim 1 of Esparza's Petition for Writ of Habeas Corpus is vacated. In addition, the Court vacates those portions of this Court's 10/13/2000 Opinion & Order granting Claims 39, 44, and 52. Upon renewed consideration of these Claims, the Court finds that Claims 39, 44, and 5 2 are without merit and denied. Accordingly, Esparza's Petition for Writ of Habeas Corpus is denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could be taken in good faith as to Claims 39 and 44, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule Appellate Procedure 22(b) as to those Claims only. As to Claim 52, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 7/12/2012. (H,CM)
February 27, 2013 207 Featured Case Order granting in part and denying in part Petitioner's Motion to alter/amend judgment (Related Doc # 197 ); granting Petitioner's Motion for order to expand the record(Related Doc # 200 ); granting in part and denying in part Petitioner's Motion to alter/amend judgment (Related Doc # 201 ). Judge Christopher A. Boyko on 2/27/2013.(R,D)
March 22, 2013 210 Featured Case Opinion and Order. Petitioner Gregory Esparza's Motion for Certificate of Appealability Pursuant to 28 U.S.C. § 2253(c) (Related doc # 208 ) is denied. Judge Christopher A. Boyko on 3/22/2013. (H,CM)

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