Atwood, et al v. Stewart, et al

Petitioner: Frank Jarvis Atwood
Respondent: George Herman and Charles L Ryan
Case Number: 4:1998cv00116
Filed: March 12, 1998
Court: Arizona District Court
Office: Tucson Division Office
County: Pinal
Presiding Judge: John C Coughenour
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
February 28, 2014 513 Opinion or Order of the Court ORDER DENYING 511 Petitioners Motion to Alter or Amend the Judgment and Alter or Make Additional Findings. Signed by Judge John C Coughenour on 2/28/14.(BAC)
January 27, 2014 509 Opinion or Order of the Court ORDER: IT IS ORDERED that Petitioners 369 Motion for Reconsideration Based Upon Martinez v. Ryan is DENIED. Petitioners alternative 379 motion to amend his habeas petition is DENIED. Petitioners Petition for Writ of Habeas Corpus, including all a mendments thereto (Docs. 1, 103, 269-2), is DENIED WITH PREJUDICE. The Clerk of Court shall enter judgment against Petitioner and shall terminate this case. IT IS FURTHER ORDERED that a Certificate of Appealability is GRANTED as to the following issu es listed in this order. IT IS FURTHER ORDERED that the Clerk of Court provide a courtesy copy of this Order to the Clerk of the Arizona Supreme Court, 1501 W. Washington, Phoenix, AZ 85007-3329. Signed by Judge John C Coughenour on 1/27/14. (See attached PDF for complete information).(BAC)
September 30, 2013 473 Opinion or Order of the Court ORDER - Before the Court is Petitioner's offer of proof in the form of two declarations from Strickland experts, whose testimony he intended to offer at the impending evidentiary hearing. (Doc. 459 .) Although not captioned as a motion, the o ffer of proof requests that the Court review and consider the declarations in support of Petitioner's ineffectiveness claim. To the extent a formal ruling is necessary, the request is GRANTED. Signed by Judge John C Coughenour on 9/27/13. (LAD)
August 19, 2013 450 Opinion or Order of the Court ORDER GRANTING Petitioners 444 Motion for Presence of Petitioner at Hearing. IT IS FURTHER ORDERED that the Clerk of Court prepare a Writ of Habeas Corpus Ad Testificandum to produce Frank Jarvis Atwood, who is in custody at the Arizona Department of Corrections, in Florence, Arizona, for an evidentiary hearing on 10/7, 10/8, and 10/9, 2013, at 9:00 a.m. in Courtroom 6B of the Evo A. DeConcini United States Courthouse. Signed by Judge John C Coughenour on 8/19/13.(BAC)
July 25, 2013 443 Opinion or Order of the Court ORDER GRANTING Respondents 434 Motion to Preclude Testimony of Strickland Expert. Signed by Judge John C Coughenour on 7/24/13.(BAC)
July 9, 2013 428 Opinion or Order of the Court *ORDER GRANTING 412 Joint Motion to Continue Discovery Deadlines and Hearing. An evidentiary hearing will commence on 10/7/13, at 9:00 a.m. Name and contact information for any potential witness to be disclosed no later than 8/19/13. All discovery, including depositions, to be completed by 9/9/13. Any motions for discovery, except for the deposition of witnesses, to be filed no later than 8/21/13; Opposition, if any, to be filed by 8/28/13. Optional reply may be filed by 9/4/13. Any motion to conduct a deposition to be filed no later than 8/9/13; Opposition, if any, to be filed by 8/16/13. Optional reply may be filed by 8/23/13. Depositions, if authorized, shall be completed by 9/9/13. Respondents shall provide expert disclosure no later than 8/1/13. Petitioner shall provide any supplemental expert disclosure no later than 8/21/13. Any request for Petitioner to attend the evidentiary hearing in person or to participate via videoconference to be filed no later than 8/1/13. On or befor e 9/23/13, parties shall file a joint prehearing statement. IT IS FURTHER ORDERED that no later than 7/22/13, Petitioners appointed CJA counsel shall file ex parte and under seal a proposed budget for the period 6/4/13, through 10/9/13. (See attached PDF for complete information). Signed by Judge John C Coughenour on 7/9/13.(BAC) *Modified to reflect this document as WO on 7/9/2013 (BAC).

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Petitioner: Frank Jarvis Atwood
Represented By: Golnoosh Farzaneh
Represented By: Larry A Hammond
Represented By: Paula K Harms
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Respondent: George Herman
Represented By: Lacey Stover Gard
Represented By: Jeffrey Alan Zick
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Respondent: Charles L Ryan
Represented By: Lacey Stover Gard
Represented By: Jeffrey Alan Zick
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