Johnson v. Bartos et al
| Benjamin Lloyd Johnson |
| Ivan Bartos and Arizona Attorney General, State of |
| 2:2008cv02167 |
| November 24, 2008 |
| US District Court for the District of Arizona |
| Habeas Corpus (General) Office |
| Maricopa |
| Jay R Irwin (PS) |
| Mary H Murguia |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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Filing
26
ORDER - Magistrate Judge Irwin's 21 Report and Recommendations are ADOPTED. Johnson's petition is GRANTED as to Ground One and a writ of habeas corpus shall be issued directing that Johnson shall be released from custody with respect to h is conviction of Count 3, Aggravated Assault upon Officer Handy, at his first trial. Johnson will remain in custody on his other convictions. Johnson's petition is DENIED as to Ground Two. With respect to Ground Three, Johnson's petition is DISMISSED with prejudice. A certificate of appealability will not be issued by this court. Johnson may apply to the Court of Appeals for a certificate of appealability pursuant to Rule 22(b)(1) of the Federal Rules of Appellate Procedure if he wishes to take an appeal from this decision. Signed by Judge John W Sedwick on 3/9/11. (SAT)
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