Apelt, et al v. Schriro, et al

Petitioner: Michael Apelt
Respondent: George Herman and Dora Schriro
Case Number: 2:1998cv00882
Filed: May 14, 1998
Court: Arizona District Court
Office: Phoenix Division Office
County: Pinal
Presiding Judge: Roslyn O Silver
Nature of Suit: Death Penalty
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
January 13, 2016 384 Opinion or Order of the Court ORDER granting Respondents' motion for a stay (Doc. 375 ). IT IS FURTHER ORDERED that the Court's judgment is stayed pending conclusion of appellate review. Signed by Senior Judge Roslyn O Silver on 1/13/2016.(KMG)
December 1, 2015 373 Opinion or Order of the Court ORDER denying 361 Motion for Reconsideration. Apelts Third Amended Petition for Writ of Habeas Corpus (Doc. 276) as to Claim 12 is GRANTED unless the State of Arizona initiates resentencing proceedings within 120 days of the entry of this judgment. The Clerk of Court shall enter judgment accordingly. (See Order for complete details.) Signed by Senior Judge Roslyn O Silver on 12/01/15. (ATD)
September 1, 2015 359 Opinion or Order of the Court ORDER denying Claims 1-B, 1-D, 11, 14, 15, 17, 26, and 27. IT IS FURTHER ORDERED no later than September 18, 2015, each side shall submit a brief of no more than fifteen pages addressing whether an evidentiary hearing on Claim 12 is needed and, if so , the proposed scope of the evidentiary hearing. No later than September 28, 2015, each side shall submit responsive briefs of no more than ten pages. No replies are permitted absent further order. Signed by Senior Judge Roslyn O Silver on 9/1/2015. (KMG)
November 20, 2012 334 Opinion or Order of the Court ORDER granting 333 Motion for Extension of Time Deadline to File Response to Supplemental Brief. The response shall be filed no later than November 28, 2012. Petitioner shall file a reply no later than December 28, 2012. Signed by Chief Judge Roslyn O Silver on 11/20/12.(SJF)
November 13, 2012 332 Opinion or Order of the Court ORDER that Respondents' Motion for 7-Day Extension of Time to File Response to Supplemental Brief (Doc. 331 ) is GRANTED. The response shall be filed no later than November 21, 2012. Petitioner shall file a reply no later than December 21, 2012. Signed by Chief Judge Roslyn O Silver on 11/13/2012.(KMG)
October 10, 2012 328 Opinion or Order of the Court ORDER that Respondents' Motion for 30-Day Extension of Time to File Response to Supplemental Brief (Doc. 327 ) is GRANTED. The response shall be filed no later than November 14, 2012. Petitioner shall file a reply no later than December 14, 2012. Signed by Chief Judge Roslyn O Silver on 10/10/2012.(KMG)
August 7, 2012 323 Opinion or Order of the Court ORDER granting 321 Motion to Seal. The Clerk of Court shall filed Petitioner's lodged Motion to Supplement Budget (Doc. 322 ) ex parte and under seal. Signed by Chief Judge Roslyn O Silver on 8/7/12.(MAP)
July 3, 2012 318 Opinion or Order of the Court ORDER Petitioner's Motion for Extension of Time (Doc. 317 ) is GRANTED. The briefing schedule is amended as follows: Petitioner's supplemental brief shall be filed no later than August 29, 2012. No later than October 15, 2012, Respondents shall file a response to Petitioner's supplemental brief. No later than November 14, 2012, Petitioner shall file a reply. Signed by Chief Judge Roslyn O Silver on 7/3/2012.(KMG)
May 23, 2012 315 Opinion or Order of the Court ORDER Petitioner's Motion for Supplemental Briefing (Doc. 311 ) is GRANTED. FURTHER ORDERED setting the following briefing schedule: No later than July 30, 2012, Petitioner shall file a supplemental brief. No later than September 14, 2012, Resp ondents shall file a response to Petitioner's supplemental brief. No later than October 15, 2012, Petitioner shall file a reply. The Court's courtesy copy of any brief in excess of 50 pages shall be spiralbound on the left and shall include a table of contents, an exhibits list (if any), and tabs between exhibits (if any). Signed by Chief Judge Roslyn O Silver on 5/23/2012.(KMG)
January 6, 2012 307 Opinion or Order of the Court ORDER granting 305 Motion to Seal. The Clerk of Court shall file Petitioner's lodged Motion to Supplement Budget (Doc. 306) ex parte and under seal. Signed by Chief Judge Roslyn O Silver on 1/6/12.(MAP)
July 29, 2011 296 Opinion or Order of the Court ORDER granting 293 Motion to Seal. The Clerk of Court shall file under seal Petitioner's lodged motion for an extension of time to file his reply brief. (Doc. 294 ). FURTHER ORDERED granting 295 Motion for Extension of Time. Petitioner shall file his reply brief on the merits no later than 9/19/11. (MAP)
May 10, 2011 280 Opinion or Order of the Court ORDER that Petitioner's 278 motion for an extension of time to file his merits brief is GRANTED IN PART. Petitioner shall have until 06/13/11, to file his brief on the merits of his claims. Signed by Chief Judge Roslyn O Silver on 05/09/11. (ESL)
April 12, 2011 275 Opinion or Order of the Court ORDER granting Petitioner's 248 Motion to Amend; within 14 days of the filing of this Order, Petitioner shall file his Third Amended Petition; that the following claims are dismissed with prejudice: Claims 1-C, 1-D, 11 (Sixth Amendment), 12, 1 7 (Sixth Amendment), and 19 (in part) are procedurally barred; Claims 16, 18, 19 (in part), 21, 23 and 25 are without merit; and Claim 24 is not cognizable; that Claim 22 is premature and is dismissed without prejudice; that no later than 30 days fol lowing entry of this Order, Petitioner shall file a memorandum (Merits Brief); that, no later than 30 days following the filing of the Merits Brief, Respondents shall file a Response (Merits Response); that no later than 15 days following the filing of Respondents' Merits Response, Petitioner may file a Merits Reply; that if, pursuant to LRCiv 7.2(g), Petitioner or Respondents file a Motion for Reconsideration of this Order, such motion shall be filed within 15 days of the filing of this Order. Signed by Chief Judge Roslyn O Silver on 04/12/11. (NOTE: see attached pdf for complete details) (ESL)
February 28, 2011 271 Opinion or Order of the Court ORDER granting Petitioner's 270 Motion to exceed the page limit. Petitioner's reply to the State's response (Doc. 269 ) is accepted by the Court as filed. Signed by Chief Judge Roslyn O Silver on 02/28/11.(ESL)
November 30, 2010 259 Opinion or Order of the Court ORDER granting Respondents' unopposed 256 motion for an extension of time. Respondents shall file their response no later than 01/07/11. Signed by Judge Roslyn O Silver on 11/30/10. (ESL)
September 22, 2010 245 Opinion or Order of the Court ORDER that the Clerk of the Arizona Supreme Court provide a complete copy of Petitioner's state court Atkins record (Pinal County Superior Court No. CR-14946). If the record is available in electronic form, it should be provided in that form; if not, a paper copy of the record may be forwarded to: Clerk of the United States District Court, 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. Signed by Judge Roslyn O Silver on 09/22/10. (ESL)
June 11, 2010 242 Opinion or Order of the Court EX PARTE ORDER denying McGillicuddys sealed motion for release of withheld funds. (Dkt. 232 lodged, 241 filed) FURTHER ORDERED that the Clerk of the Court docket McGillicuddys motion and this Order as ex parte events, denying sealed status (motion 233 ) to McGillicuddys motion for release of withheld funds. Signed by Judge Roslyn O Silver on 6/10/10. (cc: McGillicuddy/CJA/CCSA) (MAP)
June 9, 2010 239 Opinion or Order of the Court ORDER VACATING STAY AND SETTING CASE MANAGEMENT DEADLINES - IT IS ORDERED vacating the stay of proceedings (Dkt. 117 )in this case. FURTHER ORDERED that Petitioner shall file a motion to amend his current habeas petition by 10/4/2010. Petitioner 9;s motion to amend shall conform with the District's Local Rules, specifically LRCiv 15.1. FURTHER ORDERED that Respondents shall file their response to Petitioner's motion to amend by 12/3/2010, and Petitioner shall file a reply by 2/4/20 11. Simultaneous with the date that Petitioner files his reply, 2/4/2011, Petitioner shall file any motion for further evidentiary development of his sentencing claim. FURTHER ORDERED that Respondents shall file their response to Petitioner's m otion for evidentiary development by 3/4/2011, and Petitioner shall file a reply by 4/4/2011. FURTHER ORDERED that, for ease of citation, the Court requests that the parties provide in an appendix any additional parts of the state court record that t he parties believe are relevant to resolving allegations in the motion to amend and/or motion for evidentiary development. FURTHER ORDERED that the Clerk of the Court update the title of this case to reflect the substitution of Charles L. Ryan as the Director of the Department of Corrections. Signed by Judge Roslyn O Silver on 6/9/10. (see order for details)(SAT)
June 7, 2010 237 Opinion or Order of the Court ORDER denying 230 Motion to Seal Affidavit. ORDERED The Clerk of the Court shall file McGillicuddys sealed lodged affidavit as a public document. Signed by Judge Roslyn O Silver on 6/7/10.(MAP)
June 4, 2010 236 Opinion or Order of the Court EX PARTE COST MANAGEMENT ORDER...See Order for Details. Signed by Judge Roslyn O Silver on 6/4/10. (cc: Carpenter/Skinner/CJA/McGeehon) (MAP)
May 13, 2010 227 Opinion or Order of the Court ORDER granting 224 Motion for Substition of Counsel, but denying ex parte status to the motion as counsel for Petitioner did not properly comply with the requirements of LRCiv 83.3(b)(1). Patrick McGillicuddy, Esq., is withdrawn as co-counsel for P etitioner in this matter. IT IS FURTHER ORDERED appointing Emily Skinner, Esq., Arizona Capital Representation Project, 131 East Broadway Blvd., Tucson, Arizona, 85701, as co-counsel for Petitioner. (See document for full details). Signed by Judge Roslyn O Silver on 5/12/10.(LAD)
April 7, 2010 223 Opinion or Order of the Court ORDER Status Conference set for 6/4/2010 09:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn O Silver. Signed by Judge Roslyn O Silver on 4/7/10. (LSP)

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Petitioner: Michael Apelt
Represented By: Dana Carpenter
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Respondent: George Herman
Represented By: Kent E Cattani
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Respondent: Dora Schriro
Represented By: Kent E Cattani
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