Derrick v. Secretary, Department of Corrections et al (Pasco County)
| Samuel Jason Derrick |
| Secretary, Department of Corrections and Florida Attorney General |
| 8:2008cv01335 |
| July 11, 2008 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Pasco |
| Thomas B. McCoun III |
| Steven D. Merryday |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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Filing
24
ORDER granting in part and denying in part 13 --motion to dismiss: GRANTED to the extent that portions of grounds II (conflict of interest regarding Randall James), III (shackling during the original penalty phase), VI (to the extent that it assert s a challenge to the prosecutor's closing argument during the first penalty phase or asserts a claim based on Brady or Giglio), and XIV (the prosecutor's mis-characterizations during closing argument), and all of grounds VII, XI, XIII are DISMISSED. The respondent has SIXTY (60) DAYS to address the remaining grounds, Derrick FORTY-FIVE (45) DAYS to respond, and the respondent THIRTY (30) DAYS to reply. Signed by Judge Steven D. Merryday on 9/29/2010. (BK)
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