District of Arizona  
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Capital Habeas Cases 2008

October 23, 2008--Styers v. Schriro--The Ninth Circuit reversed the district court and directed that a writ of habeas corpus be issued based on Clemmons and Tennard. The Arizona Supreme Court previously struck the pecuniary gain aggravator and in reweighing, discounted the mitigation because there was no causal connection. The matter is remanded to state court. Opinion

October 10, 2008--Hooper v. Schriro--The district court denied habeas corpus relief and certified one issue (Brady claim) for appellate review. Order
September 30, 2008--Towery v. Schriro--The district court denied habeas corpus relief and certified one issue for appellate review. Order
September 30, 2008--Hurles v. Schriro--The district court denied habeas corpus relief and certified four issues for appellate review. Order
September 30, 2008--Djerf v. Schriro--The district court denied habeas corpus relief and certified one issue for appellate review. Order
September 29, 2008--Barry Jones v. Schriro--The district court denied habeas corpus relief and certified one issue for appellate review. Order
September 29, 2008--Gallegos v. Schriro--The district court denied habeas corpus relief and certified one issue for appellate review. Order
September 16, 2008--Salazar v. Schriro--The district court denied habeas corpus relief and certified two issues for appellate review. Order
September 11, 2008--Kemp v. Schriro--The district court denied habeas corpus relief and certified no issues for appellate review. Order
September 3, 2008--State v. Murdaugh--The Maricopa County Superior Court, after a hearing, denied post-conviction relief on ineffective assistance of counsel. Order
August 21, 2008--McMurtrey v. Ryan--The Ninth Circuit affirmed the issuance of a writ of habeas corpus by the district court. The court of appeals held there was a reasonable doubt as to McMurtrey's competence to stand trial, and the trial court's failure to hold a competency hearing at that time violated due process. The hearing held 13 years later was insufficient to cure the violation, and the Ninth affirms the district court's decision to grant the habeas petition on that ground. Opinion.
August 15, 2008--State v. Landrigan. The Arizona Supreme Court denied the state's motion to lift the stay of execution and motion for execution date. Order.
August 11, 2008 -- King v. Schriro. The Ninth Circuit upheld the district court's denial of habeas corpus relief. The two certified issues were prosecutorial misconduct for vouching for a witness and suggesting another witness feared King; and ineffective assistance of counsel at sentencing. The court of appelas declined to certify additional issues. Opinion.
July 18, 2008--James v. Schriro--The district court denied habeas corpus relief and certified three issues for appellate review. Order
July 15, 2008--Sam Lopez v. Schriro--The district court denied habeas corpus relief and certified one issue for appellate review. Order
July 15, 2008--Dickens v. Schriro--The district court denied habeas corpus relief and certified two issues for appellate review. Order
July 14, 2008--Rogovich v. Schriro--The district court denied habeas corpus relief and certified no issues for appellate review. Order
July 7, 2008--Robert Moorman v. Schriro--following a remand from the Ninth Circuit, the district court denied habeas corpus relief and certified three issues for appellate review. Order
May 30, 2008--Roger Murray v. Schriro--The district court denied habeas corpus relief and certified no issues for appellate review. Order
May 14, 2008 -- Correll v. Ryan. The Ninth Circuit three judge panel amended its opinion and the full court denies en banc review. The relief -- remand for a new sentencing hearing -- remains in place. However, six judges dissented from the order denying rehearing and the court is permitting the state another opportunity to seek en banc review as to the amendments to the panel opinion. (Ninth Cir. Gen Order 5.3(a).)  Opinion.
May 9, 2008--Walden v. Schriro--The district court denied habeas corpus relief and certified two issues for appellate review. Order
April 10, 2008--Robert Murray v. Schriro--The district court denied habeas corpus relief and certified no issues for appellate review. Order
March 21, 2008--Martinez v. Schriro--The district court denied habeas corpus relief and certified four issues for appellate review. Order

 

 
 

 

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