District of Arizona  
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Capital Habeas Cases 2009
December 3, 2009--Todd Smith v. Ryan--The district court denied habeas corpus relief and certified two issues for review: is petitioner entitled to relief under the 14th Amendment due to prosecutorial misconduct and were statements obtained from petitioner in violation of the Fifth, Sixth and Fourteenth Amendments. Order
November 17, 2009--George Lopez v. Ryan--The Ninth Circuit remanded this case to the district court to consider a claim of ineffective assistance of counsel claim on the merits. On remand, the district court declined to conduct an evidentiary hearing and denied habeas corpus relief. The court certified one issue: ineffective assistance of counsel at sentencing regarding mitigation investigation and presentation of mitigation at sentencing. Order
November 4, 2009--Rienhardt v. Ryan--The district court denied habeas corpus relief and certified two issues for review: ineffective assistance of counsel at sentencing regarding mitigation investigation and whether counsel was ineffective for failing to ask for a mistrial or non-conflicted counsel when counsel became a witness. Order
October 29, 2009--Warren Wesley Summerlin, et al.--The Inter-American Commission on Human Rights (IACHR) issued a decision admitting the petition of 91 death row prisoners in Arizona, Idaho, Nebraska and Montana who were sentenced to death under a procedure declared unconstitutional in Ring v. Arizonaand denied access to a new constitutionally valid sentencing hearing under Schriro v. Summerlin. The petitioners claimed numerous violations under the American Declaration of the Rights and Duties of Man. The IACHR will consider the merits of the petition in a subsequent decision. Decision
October 19, 2009--Kayer v. Ryan--The district court denied habeas corpus relief and certified two issues for review: ineffective assistance of counsel at sentencing regarding mitigation investigation and whether client, rather than counsel, determined that a continuance of mitigation hearing was unnecessary. Order
October 2, 2009--Danny Jones v. Ryan--The Ninth Circuit reverses the district court on a claim of ineffective assistance of counsel at sentencing. The matter is remanded to the district court with instructions to issue a writ of habeas corpus. Opinion
October 2, 2009--Libberton v. Ryan--The Ninth Circuit reverses the district court on a claim of ineffective assistance of counsel at sentencing. The matter is remanded to the district court with instructions to issue a writ of habeas corpus. Opinion
September 29, 2009--Claybourne v. Ryan--The district court denied habeas relief and certified one issues for review: whether Claim 2, alleging the state courts failed to consider evidence of schizophrenia as mitigation, fails on the merits. Order
September 28, 2009--Milke v. Schriro--The Ninth Circuit remands the matter to the district court with instructions to conduct a limited hearing on whether petitioner validly waived her Mirand rights. The burden is on the Warden and the district court's findings are due within 60 days. Order
September 14, 2009--Spears v. Ryan-- The district court denied habeas relief and certified two issues for review: whether this Court erred in denying evidentiary development in support of ineffective assistance of counsel at sentencing and whether trial counsel rendered ineffective assistance by failing to adequately investigate and present available mitigation evidence at sentencing. Order
September 11, 2009--Schad v. Ryan--The Ninth Circuit vacated, in part, and remanded to the district court to apply the correct diligence standard and determine whether an evidentiary hearing on ineffective assistance of counsel at sentencing should be held. Opinion
September 11, 2009--Nash v. Ryan--The Ninth Circuit, applying Rohan, ex rel. Gates v. Woodford, determines that a client must be competent to assist counsel on appeal. On remand, the district court is to determine whether Nash is competent to communicate rationally with his lawyer for purposes of pursuing the appeal. Order
August 11, 2009--Mann v. Ryan----The district court denied habeas corpus relief and certified three issues: Whether counsel's failure to call Petition as a witness was ineffective assistance of counsel; whether counsel was ineffective at sentencing and whether there was an Eighth Amendment violation based upon the state supreme court's review of Petitioner's death sentence. Order
August 10, 2009--Hedlund v. Ryan----The district court denied habeas corpus relief and certified three issues: Whether Petitioner's rights were violated by the use of a leg brace at his trial is without merit; whether Petitioner's rights were violated by the use of dual juries is without merit; and whether Petitioner's rights were violated by the presence of a biased juror is without merit. Order
August 10, 2009--McKinney v. Ryan----The district court denied habeas corpus relief and certified two issues: Whether Petitioner's rights were violated by the use of dual juries is without merit and whether Petitioner's rights were violated by the use of a leg brace at his trial is without merit. Order
July 1, 2009--Bible v. Schriro--The Ninth Circuit affirms the district court's denial of relief on a claim of ineffective assistance of counsel at sentencing, and declined to expand the certificate of appealability to include nine other claims. Opinion
June 2, 2009--Scott v. Schriro--The Ninth Circuit reversed the district court and found that the claim of ineffective assistance of counsel at sentencing was not procedurally barred. The matter was remanded to the district court for resolution on the merits. Opinion
May 19, 2009--State of Arizona v. Rudi Apelt--The state superior court found Rudi Apelt to be a person with mental retardation and vacated the sentence of death. Order
May 12, 2009--Spreitz v. Ryan----The district court denied habeas corpus relief and certified two issues (one with five sub-issues) for appellate review. Order
March 17, 2009--State v. Cook--Arizona Supreme Court continues state's motion for warrant of execution pending the filing of a lethal injection challenge under Ariz. R. Crim. P. 32 Order
March 17, 2009--Henry v. Ryan--The district court denied habeas corpus relief and certified two issues for appellate review. Order
March 17, 2009--Stokely v. Ryan--The district court denied habeas corpus relief and certified two issues for appellate review. Order
March 17, 2009--Schackart v. Ryan--The district court denied habeas corpus relief and certified two issues for appellate review. Order
January 6, 2009--Chad Lee v. Schriro--The district court denied habeas corpus relief and certified two issues for appellate review. Order

 

 
 

 

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