White v. Schriro et al

Petitioner: Michael Ray White
Respondent: Dora B Schriro and Robert Stewart
Case Number: 3:2008cv08139
Filed: October 28, 2008
Court: Arizona District Court
Office: Death Penalty - Habeas Corpus Office
County: Yavapai
Presiding Judge: G Murray Snow
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Ptn for Writ of H/C - Stay of Execution

Available Case Documents

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

Date Filed#Document Text
August 18, 2015 288 Opinion or Order of the Court ORDER denying 287 Motion to Alter or Amend. Signed by Judge Steven P Logan on 8/18/2015. (ACL)
July 10, 2015 285 Opinion or Order of the Court ORDER - Petitioner's Motion for Evidentiary Development (Doc. 277 ) is DENIED. Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. 273 ) is DENIED, and the Clerk shall enter judgment accordingly. The Stay of Execution entered by this Court on October 29, 2008 (Doc. 7 ) is VACATED. A Certificate of Appealability is GRANTED with respect to Claim 1(B), alleging ineffective assistance of counsel at sentencing, and DENIED as to the remaining claims. The Clerk shall forward a courtesy copy of this Order to the Clerk of the Arizona Supreme Court, 1501 West Washington, Phoenix, Arizona 85007-3329. See document for further details. Signed by Judge Steven P Logan on 07/10/2015. (ATD)
January 7, 2015 283 Opinion or Order of the Court ORDER - IT IS ORDERED that the Clerk of the Arizona Supreme Court transmit a copy of the minutes, instruments and transcripts from Petitioner's trial and sentencing (Yavapai County Superior Court No. 12855); the minutes, instruments and transc ripts from any Rule 32 proceedings in the possession of the Arizona Supreme Court; and a copy of any briefs filed in the Arizona Supreme Court (Arizona Supreme Court No. CR-96-0716-AP; any related Special Action proceedings; and any related petitio ns for review) to: Brian D. Karth, Clerk, United States District Court, 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. IT IS FURTHER ORDERED that the Clerk of Court send a copy of this Order to: Janet Johnson, Clerk of the Arizona Supreme Court, 1501 W. Washington, Suite 402, Phoenix, Arizona 85007-3329. Signed by Judge Steven P Logan on 1/7/15. (LAD)
May 3, 2013 270 Opinion or Order of the Court ORDER granting Petitioner's 268 MOTION for Extension of Time to File Amended Petition for Writ of Habeas Corpus. IT IS FURTHER ORDERED modifying the briefing schedule as follows: 1. Petitioner shall file an Amended Petition for Writ of Hab eas Corpus no later than July 19, 2013. 2. Respondents shall file an Answer no later than September 17, 2013. 3. Petitioner shall file a Reply no later than October 17, 2013. 4. Any motion for evidentiary development shall be filed no later than Nove mber 18, 2013. 5. A response to any motion for evidentiary development shall be filed no later than December 18, 2013. 6. A reply to any response to a motion for evidentiary development shall be filedno later than January 7, 2014. IT IS FURTHER ORDERED that, absent a showing of extraordinary circumstances, the Court will not permit further modification of this briefing schedule. Signed by Judge G Murray Snow on 5/3/13. (LAD)
January 23, 2013 258 Opinion or Order of the Court ORDER granting 255 Motion to Lift Stay; granting 255 Motion to Vacate Order for Competency Restoration in Light of Ryan v. Gonzales 186 . Terminating the representation of Petitioner by Kerrie Droban, Esq. Setting briefing schedule. Signed by Judge G Murray Snow on 1/23/13. (see order for full details)(DMT)
January 31, 2012 248 Opinion or Order of the Court ORDER that Respondents' 215 Motion to Lift Stay and Vacate Order for Competency Restoration is denied without prejudice. It is further ordered amending the Court's order of 06/07/11 (Doc. 226), and directing Respondents to file a status report every six months beginning 06/01/12, updating the Court on when, or if, a competency restoration treatment plan will be proposed. Signed by Judge G Murray Snow on 01/31/12. (ESL)
June 7, 2011 226 Opinion or Order of the Court ORDER That the hearing set for 7/21/11, is VACATED. FURTHER ORDERED that beginning 6/15/11, and every thirty days thereafter, Respondents shall file a status report updating the Court on when, or if, a competency restoration treatment plan will be proposed. FURTHER ORDERED granting 221 Motion to Seal. The Clerk of Court shall filed the lodged document (Doc. 218 ) under seal. Signed by Judge G Murray Snow on 6/6/11.(MAP)
February 18, 2011 205 Opinion or Order of the Court ORDER that the Court discussed the issue of forcible medication at a status conference held on February 17, 2011. Pursuant to that discussion, the Court enters the schedule listed in this order as to briefs and responses. Hearing on the issue of forcible medication is set for 7/21/2011 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 2/18/11. (see order for full details)(DMT)
November 4, 2010 196 Opinion or Order of the Court ORDER granting 195 Motion for Reconsideration - that the Court's Order of October 28, 2010, is amended as follows: Respondents are authorized to transfer Petitioner to the Arizona State Prison ComplexPhoenix, Alhambra Unit. Signed by Judge G Murray Snow on 11/4/10.(DMT)
November 2, 2010 193 Opinion or Order of the Court ORDER granting 191 Motion to Seal. ORDERED Clerk of Court shall file the lodged Notice 192 under seal. Signed by Judge G Murray Snow on 11/1/10. (cc: All Cnsl) (MAP)
October 28, 2010 190 Opinion or Order of the Court ORDER that Respondents are authorized to transfer Petitioner to the Arizona State Hospital. That within 90 days of this Order Respondents shall ensure that appropriate experts at the Arizona State Hospital: (1) assess whether Petitioner can be restor ed to competency; (2) if so, estimate the length of time restoration treatment will likely take; and (3) prepare an appropriate treatment plan setting forth specific recommendations for restoration treatment. (Id. at 2.) Respondents shall provide this information under seal to Petitioner's counsel and the Court no later than January 31, 2011. Thereafter, the Court will set this matter for a status conference. Signed by Judge G Murray Snow on 10/28/10. (DMT)
September 29, 2010 186 Opinion or Order of the Court ORDER that Petitioner's habeas proceeding is STAYED pending further order of the Court. The competency hearing set for October 27-28, 2010 is VACATED. That no later than October 8, 2010, the parties shall file a Joint Report Re: Competency Resto ration setting forth each party's proposed course of action for this litigation in light of the Court's finding of incompetency, including the availability of placement in the Arizona State Hospital. Signed by Judge G Murray Snow on 9/29/10. (DMT)
August 31, 2010 183 Opinion or Order of the Court ORDER granting 180 Motion to File Exhibits Under Seal. The Clerk of the Court shall file the lodged exhibits 181 under seal. FURTHER ORDERED granting 182 Motion for Hearing. Status Conference set for 9/28/2010 04:45 PM before Judge G Murray Snow. Signed by Judge G Murray Snow on 8/31/10. (cc: All Cnsl) (MAP)
August 20, 2010 177 Opinion or Order of the Court ORDER That the Clerk of Court file the report of Dr. Sally Johnson under seal. FURTHER ORDERED that the Clerk of Court distribute paper copies of Dr.Johnsons report to all counsel of record. Signed by Judge G Murray Snow on 8/20/10. (MAP)
July 30, 2010 172 Opinion or Order of the Court ORDER granting 161 Motion to Seal Exhibits. The Clerk of the Court shall file the lodged Exhibits (Doc. 162-171) under seal. Signed by Judge G Murray Snow on 7/30/10. (cc: All Cnsl) (MAP)
May 11, 2010 139 Opinion or Order of the Court ORDER granting 113 Motion to Accept Hard Copy of Exhibit MMM to Respondents Materials Relevant to Competency Determination. The Clerk of Court shall accept a hard copy of Exhibit MMM for filing FURTHER ORDERED granting 124 Motion to Seal Documen ts Relevant to Petitioners Competency. The Clerk of Court shall file the lodged documents (Dkts. 125, 126, 128 & 129) under seal. FURTHER ORDERED granting 132 Motion to Seal Exhibits. The Clerk of Court shall filed the lodged documents (Dkts. 133 & 134) under seal. FURTHER ORDERED granting 135 Motion to Seal Exhibit A. The Clerk of Court shall file Exhibit A of Dkt. 102 under seal. Signed by Judge G Murray Snow on 5/11/10. (MAP)
April 22, 2010 99 Opinion or Order of the Court PROTECTIVE ORDER - IT IS HEREBY ORDERED that the 91 Motion for Protective Order filed by Michael Ray White is granted in part and denied in part. FURTHER ORDERED that no later than 5/3/2010, the parties shall provide to the Court any materials either party believes are relevant to a preliminary determination concerning Petitioner's competency or the need for a full-blown competency evidentiary hrg. Signed by Judge G Murray Snow on 4/21/10. (see order for full details) (SAT)
July 14, 2009 63 Opinion or Order of the Court ORDER that Petitioner's Motion 58 to stay the orders dated June 29, 2009 and July 9, 2009 is denied. FURTHER ORDERED vacating the Court's order staying these proceedings (Dkt. 52), and the orders of July 7, 2009 (Dkt. 54), and July 9, 20 09 (Dkt. 56). FURTHER ORDERED vacating the portion of the Court's order of July 9, 2009, requiring Petitioner to file a reply to the response to his motion for a stay (Dkt. 60). FURTHER ORDERED that Respondents' motion 57 for a contact visit is denied as moot. IT IS FURTHER ORDERED that Petitioner's amended habeas petition shall be filed no later than October 2, 2009. Signed by Judge G Murray Snow on 7/13/09.(KMG, )

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Petitioner: Michael Ray White
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Respondent: Dora B Schriro
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Respondent: Robert Stewart
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