Lee, et al v. Schriro, et al
| 2:2004cv00039 |
| January 9, 2004 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
140
ORDER that Lee's Motion for Reconsideration 138 is DENIED. The record will be expanded to include Ex. 1. Signed by Judge John J Tuchi on 5/01/2019. (REK)
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Filing
138
ORDER - Claim 2 remains procedurally barred and is DENIED. Lee's request to reconsider Claims 9(A) and 9(D) is DENIED. Lee's request to expand the record is GRANTED with respect to the exhibits attached to his supplemental Martinez brief (Doc. 120 ). A certificate of appealability is GRANTED as to remanded Claims 9(A) and 9(D). Signed by Judge John J Tuchi on 4/5/19. (DXD)
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Filing
132
ORDER denying Respondent's 129 Motion to Strike Exhibits. Respondents may file a surreply no later than March 25, 2016. Signed by Judge John J Tuchi on 03/07/2016. (ATD)
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Filing
93
MEMORANDUM OF DECISION AND ORDER; Petitioner's Amended Petition for Writ of Habeas Corpus 52 is DENIED WITH PREJUDICE; the Clerk of Court shall enter judgment accordingly; the stay of execution entered on 1/14/04 (Doc. 3) is VACATED; a Certifi cate of Appealability is GRANTED as to the following issues: Claim 9-A: Whether trial counsel's presentation of a "false" alibi defense constituted ineffective assistance of counsel; Claim 9-B: Whether trial counsel's failure to f ully investigate a voluntary intoxication defense constituted ineffective assistance of counsel; Claim 9-D: Whether trial counsel's investigation and presentation of relevant mitigating evidence at sentencing constituted ineffective assistance of counsel; the Clerk of Court shall send a courtesy copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court. Signed by Judge Mary H Murguia on 9/30/10. (REW)
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Filing
91
ORDER that counsel for the Respondents, the Arizona Attorney General's Office, submit a Notice of Filing of (1) Petitioner's Supplement to Pre-sentencing Memorandum, filed 2/17/93 (Doc. 96); (2) Letter from Defendant, filed 2/17/93 (Doc. 97 ); (3) Presentence Report, filed 3/1/93 (Doc. 98); (4) Exhibits from the Aggravation Mitigation Hearing held on February 10, 1993, Ex. 1, 2, 4, 5, and 6. The Arizona Supreme Court numbers for this case are: No. CR-93-0111-AP & CR-93-0323-T/AP. The superior court number for this case is: La Paz County Superior Court No. CR-92-01-13. Signed by Judge Mary H Murguia on 8/10/10. (DMT)
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