Bemore v. Chappell

Petitioner: Terry D Bemore
Respondent: Robert L. Ayers, Jr.
Case Number: 3:2008cv00311
Filed: February 15, 2008
Court: California Southern District Court
Office: San Diego Office
County: Marin
Presiding Judge: Larry Alan Burns
Referring Judge: Leo S. Papas
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254se Petition for Writ of Habeas Corpus (Stay of Execution)
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
September 25, 2012 124 Opinion or Order of the Court FINAL ORDER: Denying Petition for Writ of Habeas Corpus and Issuing Certificate of Appealability. The Petition for Writ of Habeas Corpus is DENIED as to all claims. The Court ISSUES a Certificate of Appealability ["COA"] on Claims 1-2,6-8, 10, 14-15, 18, 20, 27-28, 30-31, 36, and 38 and DENIES a COA on Claims 3-5, 9, 11-13, 16-17, 19, 21-26, 29, 32-34, and 37. The Clerk is ORDERED to enter Judgment for Respondent and close Case No. 08-cv-0311. Signed by Judge Larry Alan Burns on 9/25/12.(kaj)
September 20, 2012 123 Opinion or Order of the Court ORDER denying petitioner's motion for evidentiary hearing on claims 1-20, 23, and 30-33 69 ; denying respondent's request to dismiss claim 19 and 23 on the basis of procedural default; denying habeas relief on claims 1-20, 23, and 29-33; a nd denying petitioner's motion for leave to take depositions 110 ; the Court will, in the final order, GRANT a COA on Claims 1-2, 6-8, 10, 14-15, 18, 20 and 30-31 and DENY a COA on Claims 3-5, 9, 11-13, 16-17, 19, 23, 29, and 32-33; Signed by Judge Larry Alan Burns on 9/19/12. (kaj)
July 6, 2011 97 Opinion or Order of the Court ORDER granting petitioner's 89 motion to expand the record to include declaration of Keith Cosby. Signed by Judge Larry Alan Burns on 7/5/11. (kaj)
March 22, 2011 88 Opinion or Order of the Court ORDER: (1) denying Petitioner's 68 Motion for Summary Judgment and/or an Evidentiary Hearing on Claims 27-28 and 36-38; (2) denying respondent's request to dismiss claims 21-22 and 24-26 on the basis of procedural default; and (3) denying habeas relief on claims 21-22, 24-28, 34, and 36-38: the Court will, in the final order, grants a COA on Claims 27, 28, 36, and 38 and deny a COA on Claims 21-22, 24-26, 34 and 37. Signed by Judge Larry Alan Burns on 3/22/11. (lmt)

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Petitioner: Terry D Bemore
Represented By: Robert Russell Bryan
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Respondent: Robert L. Ayers, Jr.
Represented By: Attorney General
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