Milke, et al v. Ryan, et al

Petitioner: Debra Jean Milke
Respondent: Charles L Ryan and Terry Goddard
Amicus: Arizona Civil Liberties Union and Center on Wrongful Convictions
Case Number: 2:1998cv00060
Filed: January 12, 1998
Court: Arizona District Court
Office: Phoenix Division Office
Presiding Judge: Robert C Broomfield
Nature of Suit: Prisoner: 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
September 11, 2013 226 Opinion or Order of the Court ORDER granting 225 Respondents' Motion to Withdraw their Motion to Modify Conditional Writ of Habeas Corpus Under Rule 60, Fed.R.Civ.P. Accordingly, Respondents' Motion to Modify The Conditional Writ of Habeas Corpus (Doc. 224) is withdrawn. Signed by Senior Judge Robert C Broomfield on 9/11/2013.(TLB)
July 8, 2013 213 Opinion or Order of the Court ORDER Granting Writ of Habeas Corpus; Petitioner's Petition for Writ of Habeas Corpus is granted; Respondents shall release Petitioner Debra Jean Milke from custody unless the State of Arizona: (1) notifies this Court within 30 days of the filin g date of this Order that it intends to retry Petitioner, and (2) actually commences Petitioner's retrial within 90 days of the filing date of this Order; the Clerk shall enter judgment accordingly and terminate this matter; the Clerk shall expeditiously return the state court records received on 8/3/99 and 3/7/02 (Docs. 46 & 88 ) to the Clerk of the Arizona Supreme Court. Signed by Senior Judge Robert C Broomfield on 7/8/13. (REW)
June 21, 2013 207 Opinion or Order of the Court ORDER - On 6/21/2013, the Court held a status conference in this matter. Pursuant to discussion held therein, ORDERED that no later than 7/5/2013, Petitioner's counsel shall complete interviews of individuals with relevant information concerni ng the personnel records of Detective Saldate and shall file notice with the Court that there are no further impediments to issuance of a writ of habeau corpus pursuant to the mandate of the court of appeals. FURTHER ORDERED that if, prior to 7/5/20 13, the Maricopa County Attorney decides against pursuing retrial of Petitioner, Respondents shall move this Court to grant an unconditional writ of habeas corpus directing Petitioner's immediate release from the Arizona Department of Corrections. If no such motion is filed by 7/5/2013, the Court will issue a conditional writ pursuant to the mandate of the court of appeals. Signed by Senior Judge Robert C Broomfield on 6/21/2013. (TLB)
May 29, 2013 200 Opinion or Order of the Court ORDER, within 21 days, Respondents shall provide records and file under seal any records and file a statement regarding such records as detailed in this order. Signed by Senior Judge Robert C Broomfield on 5/29/13. (REW)
January 29, 2010 195 Opinion or Order of the Court ORDER - IT IS ORDERED denying Respondent's 176 Motion to Preclude Consideration of Professor Richard Leo's Testimony. Signed by Judge Robert C Broomfield on 1/29/10. (SAT)
October 1, 2009 164 Opinion or Order of the Court ORDER setting a Status Conference for 10/7/2009 at 01:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Robert C Broomfield. Signed by Judge Robert C Broomfield on 10/01/09. (ESL)

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Petitioner: Debra Jean Milke
Represented By: Steven A Drizin
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Amicus: Arizona Civil Liberties Union
Represented By: Rudolph J Gerber
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Amicus: Center on Wrongful Convictions
Represented By: Steven A Drizin
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Respondent: Charles L Ryan
Represented By: Julie Ann Done
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Respondent: Terry Goddard
Represented By: Julie Ann Done
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