Viramontes #146961 v. Ryan et al
| Robert Ray Viramontes |
| Charles L Ryan and Attorney General of the State of Arizona |
| 4:2016cv00151 |
| March 14, 2016 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| Maricopa |
| Bernardo P Velasco (PS) |
| Rosemary Marquez |
| General |
| 28 U.S.C. ยง 2254 |
| Plaintiff |
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Filing
76
ORDERED: Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is granted with respect to the ineffective assistance of trial counsel claim asserted in Ground Two. Petitioner shall be released from custody unless, within 120 days, the Stat e reoffers Petitioner the equivalent terms of the plea agreement that he was deprived of as a result of ineffective assistance of counsel. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Judge Rosemary Marquez on 3/15/2021. (ARC)
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Filing
53
ORDERED: The 29 Report and Recommendation is adopted in part and rejected in part as set forth in this Order. Respondents Objections are sustained in part and overruled in part as set forth in this Order. Claims One and Four of the Petition fo r Writ of Habeas Corpus are dismissed as procedurally defaulted. Claim Three of the Petition is dismissed as non-cognizable on federal habeas review. On or before March 1, 2019, Respondents shall file an answer to the Petition, addressing the merits of Claim Two. Petitioner may file a traverse on or before March 15, 2019. The parties may submit as exhibits any relevant evidence that is not part of the current record. Signed by Judge Rosemary Marquez on 2/12/2019. (BAR)
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