Ramirez, et al v. Ryan, et al
| David Martinez Ramirez |
| Megan Savage and Charles L Ryan |
| 2:1997cv01331 |
| June 26, 1997 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| James A Teilborg |
| Prisoner: Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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Filing
261
CERTIFICATE OF APPEALABILITY ISSUED (CA No 10-99023). Probable cause exists for the appeal. Petitioner allowed to proceed in forma pauperis for appeal purposes only. Applicant has made a substantial showing of the denial of a constitutional right with respect to the following issues: re: 247 Notice of Appeal. IT IS ORDERED that Claim 34 is denied as procedurally barred. IT IS FURTHER ORDERED granting a Certificate of Appealability as to Claim 34. (See document for further details). Signed by Senior Judge James A Teilborg on 9/14/16. (LAD)
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Filing
246
ORDER granting, in part, and denying, in part, Petitioner's 244 motion. The Court grants Petitioners motion to expand his state court record with corrected transcripts. The Court expands Petitioners state court record to include the corrected transcripts attached to this motion, Exhibits A and B; that, as they become available, Petitioner shall file the corrected transcripts ordered by the state court (see Doc. 228 at 4551), and the Court expands Petitioner's state court record to include these corrected transcripts; that Petitioner's 244 request to stay these proceedings until all corrected transcripts have been filed is DENIED. Signed by Judge James A Teilborg on 11/04/10.(ESL)
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Filing
242
ORDER - IT IS HEREBY ORDERED that Petitioner's second amended petition for writ of habeas corpus (Doc. 162) is DENIED WITH PREJUDICE. The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED concluding that Claim 34 is procedur ally barred. Petitioner has not established cause and prejudice or that a fundamental miscarriage of justice will occur if Claim 34 is not reviewed on the merits. (Doc. 215.) IT IS FURTHER ORDERED that a Certificate of Appealability is GRANTED as to the following issues: Claim 12: Whether the trial court violated his due process right to independent mental health experts in preparation for his defense at trial and sentencing in violation of Ake v. Oklahoma, 470 U.S. 68 (1985) Claim 34: Whether t his Court properly found Claim 34 procedurally defaulted according to an adequate and independent state procedural rule and whether this Court properly concluded that the procedural default of Claim 34 was not excused by cause and prejudice or a fund amental miscarriage of justice. IT IS FURTHER ORDERED denying Respondents motion to strike cause and prejudice exhibits. (Doc. 220.) IT IS FURTHER ORDERED that the Clerk of Court send a courtesy copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court, 1501 W. Washington, Phoenix, Arizona 85007-3329. (See document for further details). Signed by Judge James A Teilborg on 9/28/10.(LAD)
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Filing
227
ORDER denying Respondents' unopposed 226 motion to file the state court record on compact disks. Respondents shall electronically file a complete copy of the state court record from Petitioner;s state post-conviction petition based on Atkins v . Virginia, 536 U.S. 304 (2002) by 09/21/10; that one courtesy copy of the state court record for use by the Court and the capital case staff attorney shall be filed by 09/03/10. In the courtesy copy, Respondents need not duplicate state court record material previously filed by Petitioner. Signed by Judge James A Teilborg on 08/31/10. (ESL)
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Filing
225
ORDER granting Respondents' unopposed 224 motion for an extension of time. Respondents shall electronically file a complete copy of the state court record from Petitioner's state post-conviction petition based on Atkins v. Virginia, 536 U .S. 304 (2002) by 09/21/10; that a courtesy copy of the state court record for use by the Court and the capital case staff attorney shall be filed by 09/01/10. In the courtesy copy, Respondents need not duplicate state court record material previously filed by petitioner. Signed by Judge James A Teilborg on 08/23/10. (ESL)
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Filing
223
ORDER that Respondents shall, within 10 days of this Order, file with this Court a complete copy of the state court record (including all pleadings, transcripts, exhibits, and appellate filings) from Petitioner's state post-conviction petition based on Atkins v. Virginia, 536 U.S. 304 (2002). Signed by Judge James A Teilborg on 08/13/10. (ESL)
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Filing
218
ORDER granting 217 Petitioner's Motion for Extension of Time. Petitioner shall file his reply in support of cause, prejudice and fundamental miscarriage of justice in regard to Claim 34 on or before 5/28/10(TLJ)
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Filing
207
ORDER that no later than 30 days after the filing of this order, Petitioner shall file a memorandum and any supporting documentation re: cause, prejudice, or fundamental miscarriage of justice to overcome the default of Claim 34; that no later than 1 5 days after the filing of Petitioner's memorandum, Respondents shall file a response; that no later than 10 days after the filing of Respondents' response, Petitioner may file a reply. (See PDF for full details). Signed by Judge James A Teilborg on 3/30/10. (DTN)
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Filing
200
ORDER granting 199 Motion for Reconsideration of partial grant and partial denial of his motion for an extension of time. Petitioner must file his supplemental brief regarding the adequacy of Arizona Rule of Criminal Procedure 32.4(a) on or before Friday, April 3, 2009. Signed by Judge James A Teilborg on 3/18/09.(DMT, )
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Filing
196
ORDER denying 193 Petitioner's Motion for Reconsideration. Signed by Judge James A Teilborg on 1/21/09.(DMT, )
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Filing
190
ORDER denying 177 Motion to Amend/Correct. FURTHER ORDERED that the following claims are DISMISSED WITH PREJUDICE: Claims 3, 4, 6, 9, 12, 15, 18- 26, and 28 on the merits; Claims 16, 27, and 29 as procedurally barred; and Claim 31 as not cognizable . FURTHER ORDERED that Claim 30 is DISMISSED WITHOUT PREJUDICE as premature and not yet ripe for review. FURTHER ORDERED that within thirty (30) days of the file date of this Order, Petitioner shall file a brief regarding the adequacy of Arizona Rule of Criminal Procedure 32.4(a) as a bar to federal review. FURTHER ORDERED that within thirty (30) days of the file date of Petitioner's brief, Respondents shall file a responsive brief. FURTHER ORDERED that if either party files a Motion for R econsideration of this Order, such motion shall be filed within fifteen (15) days of the filing of this Order. The filing and disposition of such motion shall not toll the time for the briefing schedule set forth above. FURTHER ORDERED that the Clerk forward a copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court, 1501 W. Washington, Phoenix, AZ 85007-3329. Signed by Judge James A Teilborg on 12/12/08.(DNH)
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