Gallegos, et al v. Stewart, et al
Defendant: Dora B Schriro
Petitioner: Michael Gallegos
Respondent: George Herman and Charles Ryan
Case Number: 2:2001cv01909
Filed: October 5, 2001
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Pinal
Presiding Judge: Neil V Wake
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

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

Date Filed Document Text
October 27, 2020 Opinion or Order Filing 222 ORDER - IT IS HEREBY ORDERED granting the motion (Doc. 221 ). Sally Ake, Russell Randall, and Noah Stalvey are permitted to testify via video- teleconference. IT IS FURTHER ORDERED directing Petitioner's counsel to make the arrangements for such testimony. (See document for complete details). Signed by Senior Judge Neil V Wake on 10/27/20. (SLQ)
October 19, 2020 Opinion or Order Filing 220 ORDER granting in part 209 Motion. See Order for further details. Signed by Senior Judge Neil V Wake on 10/19/20. (DXD)
October 16, 2020 Opinion or Order Filing 219 ORDER granting 212 Motion to Present In Person Testimony of Expert Witness. Signed by Senior Judge Neil V Wake on 10/15/20. (DXD)
September 4, 2020 Opinion or Order Filing 199 ORDER denying 192 Motion to Vacate and reaffirming the remaining deadlines set forth in this Court's Orders (Docs. 173 , 187 ). Signed by Senior Judge Neil V Wake on 9/4/20. (DXD)
September 1, 2020 Opinion or Order Filing 198 ORDER - IT IS THEREFORE ORDERED that the parties' joint motion for an extension of the disclosure deadline (Doc. 197 ) is denied. The September 11, 2020 expert report deadline stands for all experts, not just Dr. Boake. See document for complete details. Signed by Senior Judge Neil V Wake on 9/1/2020. (WLP)
February 20, 2020 Opinion or Order Filing 160 ORDER - An evidentiary hearing will be held to determine whether resentencing counsel performed ineffectively under Strickland by failing to present evidence that Gallegos suffered from brain damage. The Court will issue a separate order setting this matter for a scheduling conference. Signed by Senior Judge Neil V Wake on 2/19/20. (DXD)
August 28, 2017 Opinion or Order Filing 151 ORDER denying 149 Gallegos's Motion for Reconsideration. See attached Order for details. Signed by Senior Judge Neil V. Wake on 8/28/2017. (RMW)
October 21, 2008 Opinion or Order Filing 114 ORDER denying 113 Motion for Reconsideration / Alter or Amend Judgment. Signed by Judge Neil V Wake on 10/20/08.(DMT, )
September 29, 2008 Opinion or Order Filing 111 ORDER that Petitioner's Amended Petition for Writ of Habeas Corpus 74 is DENIED. The Clerk of Court shall enter judgment accordingly. FURTHER ORDERED that the stay of execution entered by this Court on October 16, 2001 (Dkt. 5), is VACATED. FU RTHER ORDERED that a Certificate of Appealability is GRANTED as to the following issues: Whether the Court erred in determining that Claim 9, alleging ineffective assistance of counsel at sentencing, lacked merit. FURTHER ORDERED that the Clerk of Court 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 Neil V Wake on 9/29/08. (KMG)
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Petitioner: Michael Gallegos
Represented By: Dale A Baich
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Respondent: George Herman
Represented By: Jon George Anderson
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Respondent: Charles Ryan
Represented By: Jon George Anderson
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Defendant: Dora B Schriro
Represented By: Jon George Anderson
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