| Court: | azd |
| Docket #: | 2:95-cv-02460 |
| Case Name: | Washington, et al v. Ryan, et al |
| PACER case #: | 78291 |
| Date filed: | 1995-11-09 |
| Date terminated: | 2005-04-22 |
| Assigned to: | Judge James A Teilborg |
| Case Cause: | 28:2254 Ptn for Writ of H/C - Stay of Execution |
| Nature of Suit: | 535 Prisoner: Death Penalty - Habeas Corpus |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Theodore Washington Petitioner |
Dale A Baich Fredric F Kay Gilbert Henry Levy John Trebon |
| Dora B Schriro Respondent TERMINATED: 09/26/2013 |
Jim D Nielsen Laura Patrice Chiasson |
| Charles L Ryan Respondent Director of Arizona Department of Corrections |
Laura Patrice Chiasson |
| Samuel A Lewis Respondent Director, Arizona Department of Corrections TERMINATED: 05/27/1997 |
Greg A McCarthy Ronald L Crismon |
| James R Upchurch Respondent Warden, Arizona State Prison TERMINATED: 05/27/1997 |
Greg A McCarthy Ronald L Crismon |
| Ann A Timmer Defendant TERMINATED: 07/12/2005 |
Ann A Timmer |
| Terry Stewart Respondent TERMINATED: 07/11/2005 |
Greg A McCarthy Jim D Nielsen |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1995-11-09 | 1 | 0 | MOTION for appointment of counsel by petitioner Theodore Washington [1-1] (MAP) (Entered: 11/15/1995) | |||
| 1996-02-07 | 2 | 0 | ORDER by Judge Stephen M. McNamee that w/in 30 dys from the date of filing of this order, Petitioner shl file a completed and signed certificate, certifying that Petitioner's signature on the certificate shl srv as an original signature on his prelim petition for writ of h/c; Clk of Court is directed to strike the prelim petition and application for appt of cnsl and enter dismissal of this action w/out prej of this action, w/o fur ntc to Petitioner, if w/in 30 dys from the date of filing of this Order Petitioner has failed to file a completed and signed certificate... possbl dsm ddl set for 3/7/96 ...see doc for full dtls (cc: all counsel) (Entered: 02/07/1996) | |||
| 1996-03-05 | 3 | 0 | CERTIFICATE by petitioner Theodore Washington (MAP) (Entered: 03/06/1996) | |||
| 1996-06-27 | 4 | 0 | ORDER OF APPOINTMENT AND GENERAL PROCEDURES by Judge Stephen M. McNamee granting motion for appointment of counsel by petitioner Theodore Washington [1-1], John Trebon appointed; status hearing set for 2:00 8/5/96 , before Judge Roger G. Strand , Case reassigned by random lot to Judge Roger G. Strand ...see doc for full dtls (cc: all counsel) (MAP) (Entered: 06/27/1996) | |||
| 1996-08-05 | 5 | 0 | MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ ; status hearing held. Court reviews status of case with counsel. Court requests that all of the record be placed on CD. Mr. McGillicuddy, appearing in 96-669, advises he has obtained almost the entire file and will be traveling to Yuma to view original file as a double check. IT IS ORD that the amended petition be filed on or before l2/6/96. Petitioner will file motions for appointment of co-counsel and for investigator. Counsel objects to portions of the court's order, Mr. McGillicuddy joins; court will review in light of argument. IT IS ORD that the Clerk shall copy each order that issues in these two companion cases to counsel in the other case as well. Ronald Crismon for the dfts(St of AZ) notices his appearance in this case. The clerk is directed to add his name as atty of record and to forward him copies of all pleadings filed to date in this case. , ; cs mngmnt ddl set for 12/6/96 [5-3] (former emp) (Entered: 08/06/1996) | |||
| 1996-09-24 | 6 | 0 | ORDER by Judge Roger G. Strand that Petitioner shl hv thru 12/6/96 to file an Amended Petition for Writ of H/C; Respondents shl hv thru 2/6/97 to file an Answer re Procedural Status of Claims; Petitoner shl hv thru 3/24/96 to file traverse; Respondents hv thru 4/23/97 to reply; sur-reply due 5/8/97...see doc for full dtls (cc: all counsel) re: order [6-1] (MAP) (Entered: 09/24/1996) | |||
| 1996-10-09 | 7 | 0 | MOTION for appointment of co-counsel by petitioner Theodore Washington [7-1] (MAP) (Entered: 10/10/1996) | |||
| 1996-10-10 | 8 | 0 | ORDER by Judge Roger G. Strand clarifying the order entered 9/24/96, as set forth herein...see doc for full dtls (re 61 ) (cc: all counsel) (MAP) (Entered: 10/10/1996) | |||
| 1996-10-15 | 9 | 0 | ATTORNEY APPEARANCE for respondents (all) by Gregory A McCarthy (MAP) (Entered: 10/18/1996) | |||
| 1996-10-24 | 10 | 0 | ORDER by Judge Roger G. Strand granting motion for appointment of co-counsel by petitioner Theodore Washington [7-1] Fredric F Kay appointed; designated Asst Fed Public Defender shl file a Ntc of Appearance w/in 10 dys from the entry of this Order (cc: all counsel) (MAP) (Entered: 10/24/1996) | |||
| 1996-11-01 | 11 | 0 | ATTORNEY APPEARANCE for petitioner Theodore Washington by Dale A Baich (MAP) (Entered: 11/05/1996) | |||
| 1996-11-20 | 12 | 0 | MOTION to extend time to file an amended petition by petitioner Theodore Washington [12-1] (MAP) (Entered: 11/25/1996) | |||
| 1996-12-03 | 13 | 0 | RESPONSE by respondent to motion to extend time to file an amended petition by petitioner Theodore Washington [12-1] (MAP) (Entered: 12/04/1996) | |||
| 1996-12-13 | 14 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file an amended petition by petitioner Theodore Washington [12-1] Amended petition due 3/6/97;Respondents answer due 5/6/97;petitioners tranverse due 6/24/97; respondents reply due 7/23/97;petitioners sur-reply due 8/8/97 (cc: all counsel) (TCA) (Entered: 12/13/1996) | |||
| 1997-02-24 | 15 | 0 | MOTION to extend time to amend petition by petitioner Theodore Washington [15-1] (MAP) (Entered: 02/25/1997) | |||
| 1997-02-25 | 16 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to amend petition by petitioner Theodore Washington [15-1]; time extended thru 5/6/97; answer due 60 dys after Amended Petition is filed (cc: all counsel) (MAP) (Entered: 02/25/1997) | |||
| 1997-05-02 | 17 | 0 | MOTION to extend time to file amd petition by petitioner Theodore Washington [17-1] (former emp) (Entered: 05/02/1997) | |||
| 1997-05-12 | 18 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file amd petition by petitioner Theodore Washington [17-1]. FO briefing sched is modified as follows: amd petition shl be filed 5/16/97; Respondents' Answer re procedural status of clms shl be filed nlt 60 dys after amd petition is filed; Petitioner's Traverse shl be filed nlt 45 dys after answer is filed; Reply due nlt 30 dys after Traverse; Sur-reply due nlt 15 dys after the reply. (cc: all counsel) (MAP) (Entered: 05/12/1997) | |||
| 1997-05-15 | 19 | 0 | MOTION to extend time to file an amended petition by petitioner Theodore Washington [19-1] (MAP) (Entered: 05/19/1997) | |||
| 1997-05-27 | 20 | 0 | AMENDED PETITION FOR WRIT OF HABEAS CORPUS; terminates respondent James Upchurch, respondent Samuel A Lewis; adds respondent Terry Stewart (MAP) (Entered: 05/28/1997) | |||
| 1997-05-28 | 21 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file an amended petition by petitioner Theodore Washington [19-1], time extended thru 5/27/97. Respondents' answer shl be due nlt 60 dys after the Amended Petition is filed; traverse due nlt 45 dys after the answer; reply, if any, due nlt 30 dys after the traverese is filed; sur-reply, if any, due nlt 15 dys after the reply is filed (cc: all counsel) (MAP) (Entered: 05/28/1997) | |||
| 1997-07-25 | 22 | 0 | MOTION to extend time for filing response by respondent Terry Stewart [22-1] (MAP) (Entered: 07/28/1997) | |||
| 1997-08-12 | 23 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time for filing response by respondent Terry Stewart [22-1], time extended thru 9/8/97 (cc: all counsel) (MAP) (Entered: 08/12/1997) | |||
| 1997-08-12 | 24 | 0 | ORDER by Judge Roger G. Strand that the Clk of AZ Aupreme Cour transmit a cert copy of Petitioner's entire state court rec'd (AZ Sup Ct CR-88-2-AP or CR 88-3-AP; Yuma Cnty Sup Ct CR-4064 to Clk USDC (cc: all counsel) re: order [24-1] (MAP) (Entered: 08/12/1997) | |||
| 1997-09-08 | 25 | 0 | RESPONSE by respondent Terry Stewart to habeas corpus petition (MAP) (Entered: 09/09/1997) | |||
| 1997-10-17 | 26 | 0 | MOTION to extend time to file Traverse by petitioner Theodore Washington [26-1] (MAP) (Entered: 10/21/1997) | |||
| 1997-08-22 | 27 | 0 | CASE Record received from Arizona Supreme Court (MAP) (Entered: 10/22/1997) | |||
| 1997-08-22 | 28 | 0 | CASE Record received from Yuma County Superior Court (MAP) (Entered: 10/22/1997) | |||
| 1997-11-04 | 29 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file Traverse by petitioner Theodore Washington [26-1], time extended thru 12/8/97 (cc: all counsel) (MAP) (Entered: 11/04/1997) | |||
| 1997-12-08 | 30 | 0 | TRAVERSE by petitioner Theodore Washington to Answer re Procedural Status of Claims [25-1] (MAP) (Entered: 12/09/1997) | |||
| 1997-12-23 | 31 | 0 | NOTICE by petitioner Theodore Washington of supplemental authority (TCA) (Entered: 12/24/1997) | |||
| 1998-01-05 | 32 | 0 | MOTION to extend time by 45 days for fil ing reply memo by respondent Terry Stewart [32-1] (MAP) (Entered: 01/06/1998) | |||
| 1998-01-21 | 33 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time by 45 days for fil ing reply memo by respondent Terry Stewart [32-1], time is extended thru 2/27/98 (cc: all counsel) (MAP) (Entered: 01/21/1998) | |||
| 1998-02-12 | 34 | 0 | NOTICE by petitioner Theodore Washington of Amendment to Supplemental Authority (MAP) (Entered: 02/17/1998) | |||
| 1998-02-27 | 35 | 0 | REPLY MEMO by respondent Terry Stewart pur to Court's Order of 6/27/96 ans 10/10/96 re [33-1] (MAP) (Entered: 03/03/1998) | |||
| 1998-03-13 | 36 | 0 | MOTION to extend time to file sur-reply by petitioner Theodore Washington [36-1] (former emp) (Entered: 03/13/1998) | |||
| 1998-03-19 | 37 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file sur-reply by petitioner Theodore Washington [36-1], Sur-Reply shl be filed 3/30/98 (cc: all counsel) (MAP) (Entered: 03/19/1998) | |||
| 1998-03-30 | 38 | 0 | SUR-REPLY by petitioner Theodore Washington to reply re Procedural Status of Claims (MAP) (Entered: 03/31/1998) | |||
| 1998-05-04 | 39 | 0 | MEMORANDUM by petitioner Theodore Washington re Procedural Status of the Eighteenth Claim for Relief (MAP) (Entered: 05/05/1998) | |||
| 1998-05-04 | 40 | 0 | MOTION for leave to file 1st set of amendments to 1st amended petition for writ of h/c by petitioner Theodore Washington [40-1] (lodged doc at Clk's desk) (MAP) (Entered: 05/05/1998) | |||
| 1998-05-04 | 41 | 0 | MOTION file Exhibits under seal by petitioner Theodore Washington [41-1] (exhibits lodged at Clk's desk) (MAP) (Entered: 05/05/1998) | |||
| 1998-05-27 | 42 | 0 | MOTION for leave to file late response to Petitioner's motion for lv to file first set of amendments by respondent [42-1] (lodged doc at Clk's desk) (MAP) (Entered: 05/28/1998) | |||
| 1998-05-27 | 43 | 0 | RESPONSE by respondent to motion file Exhibits under seal by petitioner Theodore Washington [41-1] (exhibits lodged at Clk's desk) (MAP) (Entered: 05/28/1998) | |||
| 1998-06-02 | 44 | 0 | RESPONSE by petitioner Theodore Washington in opposition to motion for leave to file late response to Petitioner's motion for lv to file first set of amendments by respondent [42-1] (lodged doc at Clk's desk) (MAP) (Entered: 06/04/1998) | |||
| 1998-06-02 | 45 | 0 | REPLY by petitioner Theodore Washington to response to motion for leave to file 1st set of amendments to 1st amended petition for writ of h/c by petitioner Theodore Washington [40-1] (lodged doc at Clk's desk) (MAP) (Entered: 06/04/1998) | |||
| 1998-06-18 | 46 | 0 | ORDER by Judge Roger G. Strand that Respondents shl file a Memo re: Procedural Status of Claim 18 nlt 15 days from the filing date of this Order FO Petitioner may file an Amended Memo re Procedural Status of Claim 18 nlt 10 days after Respondents' Memo is filed FO granting motion file Exhibits under seal by petitioner Theodore Washington [41-1] FO granting motion for leave to file late response to Petitioner's motion for lv to file first set of amendments by respondent [42-1] (cc: all counsel) (MAP) (Entered: 06/18/1998) | |||
| 1998-06-18 | 47 | 0 | RESPONSE by respondent to motion for leave to file 1st set of amendments to 1st amended petition for writ of h/c by petitioner Theodore Washington [40-1] (MAP) (Entered: 06/18/1998) | |||
| 1998-06-19 | 48 | 0 | MOTION for leave to conduct discovery under Rule 6 of the Rules Governing 2254 cases by petitioner Theodore Washington [48-1] (MAP) (Entered: 06/22/1998) | |||
| 1998-07-02 | 49 | 0 | RESPONSE by respondent Terry Stewart to motion for leave to conduct discovery under Rule 6 of the Rules Governing 2254 cases by petitioner Theodore Washington [48-1] (MAP) (Entered: 07/06/1998) | |||
| 1998-07-02 | 50 | 0 | MEMORANDUM on Procedural Status of Claim by respondent Terry Stewart (MAP) (Entered: 07/06/1998) | |||
| 1998-07-06 | 51 | 0 | AMENDED RESPONSE by respondent Terry Stewart to motion for leave to conduct discovery under Rule 6 of the Rules Governing 2254 cases by petitioner Theodore Washington [48-1] (MAP) (Entered: 07/07/1998) | |||
| 1998-07-06 | 52 | 0 | FURTHER RESPONSE by respondent Terry Stewart to motion for leave to file 1st set of amendments to 1st amended petition for writ of h/c by petitioner Theodore Washington [40-1] (lodged doc at Clk's desk) (MAP) (Entered: 07/07/1998) | |||
| 1998-07-13 | 53 | 0 | Amended MEMORANDUM by petitioner Theodore Washington (re [46-1]) regarding Procedural Status of Claim 18 as permitted by order of Court doc. #46 (KMG) (Entered: 07/14/1998) | |||
| 1998-07-16 | 54 | 0 | 2ND FURTHER RESPONSE by respondent Terry Stewart to motion for leave to file 1st set of amendments to 1st amended petition for writ of h/c by petitioner Theodore Washington [40-1] (lodged doc at Clk's desk) (former emp) (Entered: 07/17/1998) | |||
| 1998-07-17 | 55 | 0 | REPLY by respondent Terry Stewart to amended memorandum [53-1] (KMG) (Entered: 07/20/1998) | |||
| 1998-08-18 | 56 | 0 | ORDER by Judge Roger G. Strand denying motion for leave to file 1st set of amendments to 1st amended petition for writ of h/c by petitioner Theodore Washington [40-1], denying motion for leave to conduct discovery under Rule 6 of the Rules Governing 2254 cases by petitioner Theodore Washington [48-1] (cc: all counsel) (MAP) (Entered: 08/18/1998) | |||
| 1998-08-31 | 57 | 0 | MOTION for reconsideration re Order denying motion for leave to amend petition by petitioner Theodore Washington [57-1] (MAP) (Entered: 09/02/1998) | |||
| 1998-08-31 | 58 | 0 | MEMORANDUM IN SUPPORT by petitioner Theodore Washington of motion for reconsideration re Order denying motion for leave to amend petition by petitioner Theodore Washington [57-1] (MAP) (Entered: 09/02/1998) | |||
| 1998-09-10 | 59 | 0 | RESPONSE by respondent Terry Stewart to motion for reconsideration re Order denying motion for leave to amend petition by petitioner Theodore Washington [57-1] (MAP) (Entered: 09/14/1998) | |||
| 1998-09-23 | 60 | 0 | ORDER by Judge Roger G. Strand denying motion for reconsideration re Order denying motion for leave to amend petition by petitioner Theodore Washington [57-1] (cc: all counsel) (MAP) (Entered: 09/23/1998) | |||
| 1998-12-07 | 61 | 0 | MOTION to stay proceedings and to hold case in abeyance by petitioner Theodore Washington [61-1] (MAP) (Entered: 12/07/1998) | |||
| 1998-12-10 | 62 | 0 | RESPONSE by respondent Terry Stewart to motion to stay proceedings and to hold case in abeyance by petitioner Theodore Washington [61-1] (MAP) (Entered: 12/11/1998) | |||
| 1998-12-31 | 63 | 0 | ORDER by Judge Roger G. Strand denying motion to stay proceedings and to hold case in abeyance by petitioner Theodore Washington [61-1] (cc: all counsel) (KMG) (Entered: 12/31/1998) | |||
| 1999-08-09 | 64 | 0 | ORDER by Judge Roger G. Strand that no later than 90 days following the entry of this Order, Petitioner shall file a Memo re the merits of the following claims: 3 (in part), 4,5,8-B,10,11 (in part), 13,14-B and 15 FURTHER ORDERED that no later than 60 days following the filing of Petitioner's Memo, Respondents shall file an amended answer re merits FURTHER ORDERED that no later than 30 days following the filing of Respondents' Amended Answer, Petitioner may file a reply FURTHER ORDERED that argument concerning the procedural status of Claim 14-B and 15-B shall be included in the merits briefing schedule outlined herein FURTHER ORDERED that is Petitioner wishes to amend his habeas petition to add Claim 14-C as described in Footnote 9 of this Order, he shall file a motion to do so nlt 15 days following the filing of this Order FURTHER ORDERED that the following Claims are procedurally barred: 1,2,3 (in part), 6,7,8-A,9,11 (in part), 12, 14-A, 16 and 17 FURTHER ORDERED that if Pettioner or Respondents file a motion for reconsideration of this Order, such motion shall be filed w/in 15 days of the filing of this Order. The filing and disposition of such motion does not toll the time for the filing of any merits brief schedule under this Order (cc: all counsel) re: order [64-1] (MAP) (ADI-ICMS, ). (Entered: 08/09/1999) | |||
| 1999-08-13 | 65 | 0 | ATTORNEY APPEARANCE for respondent Terry Stewart by J (Jimmy) D Nielsen (MAP) (Entered: 08/17/1999) | |||
| 1999-08-24 | 66 | 0 | MOTION for reconsideration re procedural rulings, Court's Order #64 by petitioner Theodore Washington [66-1] (MAP) (Entered: 08/25/1999) | |||
| 1999-08-24 | 67 | 0 | SECOND SET OF AMENDMENTS by petitioner Theodore Washington to 1st Amended Petition for habeas corpus petition [20-1] (MAP) (Entered: 08/25/1999) | |||
| 1999-09-03 | 68 | 0 | RESPONSE by respondents (all) to motion for reconsideration re procedural rulings, Court's Order #64 by petitioner Theodore Washington [66-1] (MAP) (Entered: 09/07/1999) | |||
| 1999-09-09 | 69 | 0 | MOTION to stay and hold proceedings in abeyance pending filing of 2nd set of amendments to 1st amended petition for writ of habeas corpus un 28 USC 2254 by petitioner Theodore Washington [69-1] (MAP) (Entered: 09/13/1999) | |||
| 1999-09-17 | 70 | 0 | RESPONSE by respondent Terry Stewart to motion to stay and hold proceedings in abeyance pending filing of 2nd set of amendments to 1st amended petition for writ of habeas corpus un 28 USC 2254 by petitioner Theodore Washington [69-1] (MAP) (Entered: 09/20/1999) | |||
| 1999-09-29 | 71 | 0 | REPLY by petitioner Theodore Washington to response to motion to stay and hold proceedings in abeyance pending filing of 2nd set of amendments to 1st amended petition for writ of habeas corpus un 28 USC 2254 by petitioner Theodore Washington [69-1] (MAP) (Entered: 09/29/1999) | |||
| 1999-10-13 | 72 | 0 | ORDER by Judge Roger G. Strand denying motion to stay and hold proceedings in abeyance pending filing of 2nd set of amendments to 1st amended petition for writ of habeas corpus un 28 USC 2254 by petitioner Theodore Washington [69-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 10/13/1999) | |||
| 1999-10-19 | 73 | 0 | ORDER by Judge Roger G. Strand granting in part motion for reconsideration re procedural rulings, Court's Order #64 by petitioner Theodore Washington [66-1] The parties shall include argument concerning Claim 8-C in the briefing outlined in the Court's Order of 8/9/99 (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 10/19/1999) | |||
| 1999-10-26 | 74 | 0 | MOTION for reconsideration re denial of motion to stay proceedings in abeyanace by petitioner Theodore Washington [74-1] (MAP) (Entered: 10/30/1999) | |||
| 1999-10-27 | 75 | 0 | MOTION to extend time to file memo on the merits by petitioner Theodore Washington [75-1] (MAP) (Entered: 10/30/1999) | |||
| 1999-10-30 | 76 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file memo on the merits by petitioner Theodore Washington [75-1], time extended thru 12/15/99 (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 10/30/1999) | |||
| 1999-12-06 | 77 | 0 | ORDER by Judge Roger G. Strand denying motion for reconsideration re denial of motion to stay proceedings in abeyanace by petitioner Theodore Washington [74-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 12/06/1999) | |||
| 1999-12-09 | 78 | 0 | MOTION to extend time to file Memo on the Merits by petitioner Theodore Washington [78-1] (MAP) (Entered: 12/10/1999) | |||
| 1999-12-15 | 79 | 0 | NOTICE by petitioner Theodore Washington of filing of motion to disqualify the AZ Attorney General from representing the respondents in the state court post-conviction proceedings (former emp) (Entered: 12/15/1999) | |||
| 1999-12-15 | 80 | 0 | RESPONSE by respondent Terry Stewart to motion to extend time to file Memo on the Merits by petitioner Theodore Washington [78-1] (former emp) (Entered: 12/16/1999) | |||
| 1999-12-22 | 81 | 0 | ORDER by Judge Roger G. Strand granting IN PART the motion to extend time to file Memo on the Merits by petitioner Theodore Washington [78-1]. Petitioner shall have until 1/10/00 to file his Memorandum Re: Merits (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/22/1999) | |||
| 1999-12-23 | 82 | 0 | MOTION for reconsideration by petitioner Theodore Washington [82-1] to enlarge time to file memorndum on the merits (former emp) (Entered: 12/23/1999) | |||
| 2000-01-07 | 83 | 0 | ORDER by Judge Roger G. Strand granting motion for reconsideration by petitioner Theodore Washington [82-1] to enlarge time to file memorndum on the merits. Time extended thru 1/18/00 to file his Memo (cc: all counsel) (MAP) (Entered: 01/07/2000) | |||
| 2000-01-18 | 84 | 0 | MOTION (FIRST) to expand the record under Rule 7 governing Section 2254 cases by petitioner Theodore Washington [84-1] (supplements attached as exhibits, no lodged documents) (MAP) (Entered: 01/20/2000) | |||
| 2000-01-18 | 85 | 0 | MEMORANDUM RE MERIT CLAIMS by petitioner Theodore Washington (MAP) (Entered: 01/20/2000) | |||
| 2000-01-31 | 86 | 0 | RESPONSE by respondent Terry Stewart to motion to expand the record under Rule 7 governing Section 2254 cases by petitioner Theodore Washington [84-1] (supplements attached as exhibits, no lodged documents) (MAP) (Entered: 02/01/2000) | |||
| 2000-03-15 | 87 | 0 | MOTION to continue filing date for amended answer re merits by respondent Terry Stewart [87-1] (MAP) (Entered: 03/15/2000) | |||
| 2000-03-23 | 88 | 0 | ORDER by Judge Roger G. Strand granting motion to continue filing date for amended answer re merits by respondent Terry Stewart [87-1], Respondents shall file their Reply on/before 4/10/00. Petitioner may file a reply nlt 30 days following the filing of Respondents' Amended Answer Re Merits (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 03/23/2000) | |||
| 2000-04-05 | 89 | 0 | AMENDED RESPONSE by respondent Terry Stewart re Merits (MAP) (Entered: 04/06/2000) | |||
| 2000-05-04 | 90 | 0 | MOTION to extend time to file Reply to Amended Answer re the Merits by petitioner Theodore Washington [90-1] (MAP) (Entered: 05/09/2000) | |||
| 2000-05-11 | 91 | 0 | ORDER by Judge Roger G. Strand granting motion to extend time to file Reply to Amended Answer re the Merits by petitioner Theodore Washington [90-1], time extended thru 5/23/00 (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 05/11/2000) | |||
| 2000-05-23 | 92 | 0 | REPLY to Answer to Memo re Merit Claims by petitioner Theodore Washington (MAP) (Entered: 05/27/2000) | |||
| 2000-05-26 | 93 | 0 | MOTION for discovery and evidentiary hearing under Rules 6 and 8 by petitioner Theodore Washington [93-1] (MAP) (Entered: 05/30/2000) | |||
| 2000-05-26 | 94 | 0 | MOTION for discovery and evidentiary hearing under Rules 6 and 8 by petitioner Theodore Washington [94-1] (MAP) (Entered: 05/30/2000) | |||
| 2000-06-12 | 95 | 0 | RESPONSE by respondent Terry Stewart to motion for discovery and evidentiary hearing under Rules 6 and 8 by petitioner Theodore Washington [93-1] (MAP) (Entered: 06/14/2000) | |||
| 2000-09-28 | 96 | 0 | ORDER by Judge Roger G. Strand denying motion for discovery and evidentiary hearing under Rules 6 and 8 by petitioner Theodore Washington [93-1], denying motion for discovery and evidentiary hearing under Rules 6 and 8 by petitioner Theodore Washington [94-1] denying motion to expand the record under Rule 7 governing Section 2254 cases by petitioner Theodore Washington [84-1] (supplements attached as exhibits, no lodged documents) (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 09/28/2000) | |||
| 2000-09-28 | 97 | 0 | NOTICE by petitioner Theodore Washington of New Phone Number for Counsel Baich (MAP) (Entered: 09/30/2000) | |||
| 2000-11-28 | 98 | 0 | The Court has ORDERED that effective December 1, 2000, the above captioned matter is reassigned to Judge James A. Teilborg for all further proceedings. Any hearing, conference, or trial scheduled on or after 12/1/00 in this action is vacated and will be reset by the Court. All further pleadings and papers filed in this action should bear the complete case number and judge's initials, as shown above. (cc: all counsel) [98-1] (MAP) (ADI-ICMS, ). (Entered: 11/28/2000) | |||
| 2000-12-05 | 99 | 0 | MINUTE ORDER IT IS ORDERED setting status hearing on 1/19/01 at 10:00 a.m. before Judge Teilborg. Counsel are directed to file a written Status Report as set forth in the attached Order re Status Report. (cc: all counsel) [99-2] (TLB) (Entered: 12/05/2000) | |||
| 2000-12-19 | 100 | 0 | JOINT STATUS REPORT by Theodore Washington (former emp) (Entered: 12/27/2000) | |||
| 2000-12-28 | 101 | 0 | ORDER by Judge James A. Teilborg ; status hearing vacated , vacating the minute order of 12/5/00 [99-2]. Directing cnsl to file a status report. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/28/2000) | |||
| 2001-04-05 | 102 | 0 | CASE MANAGEMENT ORDER by Judge James A. Teilborg that the parties shall not file in this Court any motions based on Smith (Robert) v. Stewart, Nos. 96- 99025, 96-99026,_F.3d_(9th Cir.March 6, 2001), until the period for a motion for rehearing, motion for rehearing en banc in the Ninth Circuit and the period for filing a petition for a writ of certiorari in the United States Supreme Court, and any action taken thereunder, have expired FURTHER ORDERED Clerk of Court forward a courtesy copy of this Order to the Ninth Circuit Court of Appeals (cc: all counsel/9CCA) re: order [102-1] (MAP) (ADI-ICMS, ). (Entered: 04/05/2001) | |||
| 2001-04-19 | 103 | 0 | NOTICE by petitioner of filing writ of certiorari (former emp) (Entered: 04/20/2001) | |||
| 2001-08-06 | 104 | 0 | MOTION for leave to file 3d set of amendments to First Amended Petition for Writ of H/C by petitioner (no proposed documents received) [104-1] (former emp) Modified on 08/22/2001 (Entered: 08/08/2001) | |||
| 2001-08-06 | 105 | 0 | PETITIONER'S third set of amendments to first amended petition for writ of h/c under 28 USC 2254 by a person in state custody. (former emp) (Entered: 08/08/2001) | |||
| 2001-09-21 | 106 | 0 | MOTION to continue time to Respond to petitioner's Motion for Leave to File Third Set of Amendments to First Amended Petition for Writ of Habeas Corpus by respondent Terry Stewart [106-1] (KMG) (Entered: 09/27/2001) | |||
| 2001-09-27 | 107 | 0 | ORDER by Judge James A. Teilborg granting motion to continue time to 10/04/01 to Respond to petitioner's Motion for Leave File Third Set of Amendments to First Amended Petition for Writ of Habeas Corpus by respondent Terry Stewart [106-1] (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 09/27/2001) | |||
| 2001-10-02 | 108 | 0 | RESPONSE by respondent Terry Stewart to motion for leave to file 3d set of amendments to First Amended Petition for Writ of H/C by petitioner (w/Exhibits A-B to resp attached) [104-1] (former emp) (Entered: 10/03/2001) | |||
| 2002-03-25 | 109 | 0 | ORDER by Judge James A. Teilborg denying motion for leave to file 3d set of amendments to First Amended Petition for Writ of H/C by petitioner (no proposed documents received) [104-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 03/25/2002) | |||
| 2002-07-12 | 110 | 0 | NOTICE of Motion to Recall the Mandate issued by the Arizona Supreme Court by petitioner (SAT) (Entered: 07/15/2002) | |||
| 2003-02-27 | 111 | 0 | STIPULATION for Order Allowing Contact Visit with Petitioner and Ricardo Weinstein, Ph.D., a neuropsychologist by petitioner Theodore Washington, respondent Terry Stewart (KMG) (Entered: 03/03/2003) | |||
| 2003-03-05 | 112 | 0 | ORDER by Judge James A. Teilborg granting stipulation for Order Allowing a Confidential Contact Visit with Petitioner and Ricardo Weinstein, Ph.D., a neuropsychologist. FURTHER ORDERED that the Clerk forward a copy of this Order to counsel of record; and to Michael Brodsky; Warden Charles Goldsmith and Deputy Warden Charles Luna; and to the Capital Case Staff Attorney's office only. (KMG) (ADI-ICMS, ). (Entered: 03/05/2003) | |||
| 2003-08-18 | 113 | 0 | NOTICE by Counsel for petitioner Theodore Washington of change of address of the Federal Public Defender's Office; 850 W. Adams, Ste 201, Phoenix, AZ 85007, and new facsimile number will be (602)889-3960 (KMG) (Entered: 08/20/2003) | |||
| 2005-01-11 | 114 | 0 | NOTICE by petitioner Theodore Washington of Additional Technical Information in death penalty case (KCS) (Entered: 01/13/2005) | |||
| 2005-04-22 | 115 | 0 | MEMORANDUM OF DECISION AND ORDER by Judge James A. Teilborg :that habeas relief on Claims 3,4,5,8-B,8-C,10,11 (in part), 13,14-B,14-C,15-A and 15-B is denied and that Petitioner's Amended Petition for Writ of Habeas Corpus 20 ,[67-1] is denied with prejudice, terminating case . IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment in accordance with this Order. IT IS FURTHER ORDERED that the Clerk of Court shall forward a copy of this Order to all counsel of record, the Capital Case Staff Attorney, and Noel Dessaint, Clerk of the AZ Supreme Court. (all counsel, DPLC, Dessaint) (LSP) (ADI-ICMS, ). (Entered: 04/22/2005) | 2017-06-13 18:12:38 | 560c453f7770fbf9306973cb2332c41e9a4e32d5 | |
| 2005-04-22 | 116 | 0 | JUDGMENT: that this Corut having denying the habeas relief on Claims 3,4,5,8-B,8-C,10,11(in part), 13,14-B,14-C,15-A and 15-B and denying with prejudice Petitioner's Amended Petition for Writ of H/C, memorandum and order [115-2], Petitioner take nothing. This Complaint and action are hereby dismissed. (cc: all counsel,Dessaint) (LSP) (ADI-ICMS, ). (Entered: 04/22/2005) | 2016-08-19 15:57:00 | 2cc02ded9b8be1eefbef6fc839ef131c059c3cd0 | |
| 2005-05-05 | 117 | 0 | MOTION to alter judgment [116-1] by petitioner Theodore Washington [117-1] (LSP) (Entered: 05/06/2005) | |||
| 2005-06-08 | 118 | 0 | ORDER by Judge James A. Teilborg denying motion to alter judgment [116-1] by petitioner Theodore Washington [117-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 06/08/2005) | |||
| 2005-06-15 | 119 | 0 | RETURNED MAIL addressed to: Ann Timmer re order filed [118-1] returned no longer at that address. (DMT) (Entered: 06/16/2005) | |||
| 2005-07-11 | 120 | 0 | NOTICE OF APPEAL to 9th Circuit, as to 118 Order, 116 Judgment, 115 Memorandum of Decision and Order, by Theodore Washington. (REW, ) (Entered: 07/12/2005) | |||
| 2005-07-11 | 121 | 0 | MOTION for Certificate of Appealability by Theodore Washington. (REW, ) (Entered: 07/12/2005) | |||
| 2005-09-30 | 122 | 0 | Certificate of Appealability Issued in Part and Denied in Part. Probable cause exists for the appeal. Applicant has made a substantial showing of the denial of a constitutional right with respect to the following issues: Whether the exhausted portion of Claim 3, alleging the trial court's refusal to sever Petitioner's trial from that of his co-defendants and its subsequent admission of hearsay evidence in violation of Petitioner's rights to due process under the Fourteenth Amendment, was wrongly decided on the merits; Whether Claim 8-B, alleging a violation of the Eighth and FourteenthAmendments by the Arizona courts' expansion of the narrowing constructiongiven to A.R.S. Sec. 13-703(F)(6) as applied to Petitioner, was wrongly decidedon the merits; and Whetherthe exhausted portion of Claim 11, alleging trial counsel renderedineffective assistance at sentencing by failing to investigate and presentmitigation evidence in violation of the Sixth and Fourteenth Amendments, waswrongly decided on the merits. The Motion is otherwise denied; re 121 MOTION for Certificate of Appealability, 120 Notice of Appeal. Signed by Judge James A Teilborg on 9/28/05. (REW, ) (Entered: 09/30/2005) | |||
| 2005-09-30 | 123 | 0 | Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re 120 Notice of Appeal (REW, ) (Entered: 09/30/2005) | |||
| 2005-10-13 | 124 | 0 | MOTION to Vacate and Reenter Judgment Pursuant to Fed. R. Civ. P. 60(b)(1) by Theodore Washington. (Attachments: # 1 # 2)(Baich, Dale) (Entered: 10/13/2005) | |||
| 2005-10-18 | 125 | 0 | Notice re Notice of Filing Order Issued by the United States Court of Appeals for the Ninth Circuit by Theodore Washington (Attachments: # 1)(Baich, Dale) (Entered: 10/18/2005) | |||
| 2005-10-26 | 126 | 0 | RESPONSE to Motion re 124 MOTION to Vacate and Reenter Judgment Pursuant to Fed. R. Civ. P. 60(b)(1) filed by Dora B Schriro. (Nielsen, Jim) (Entered: 10/26/2005) | |||
| 2005-11-03 | 127 | 0 | Reply to Response to Motion to Vacate and Reenter Judgment Pursuant to Fed. R. Civ. P. 60(b)(1) by Petitioner Theodore Washington. (Baich, Dale) (Entered: 11/03/2005) | |||
| 2005-11-15 | 128 | 0 | First MOTION for Leave to File Proposed Response by Dora B Schriro. (Attachments: # 1 Attachment)(Nielsen, Jim) (Entered: 11/15/2005) | |||
| 2005-11-16 | 129 | 0 | RESPONSE in Opposition re 128 First MOTION for Leave to File Proposed Response filed by Theodore Washington. (Baich, Dale) (Entered: 11/16/2005) | |||
| 2006-02-24 | 130 | 0 | ORDER denying 124 Motion to Vacate and re-enter jgm nunc pro tunc, denying as moot 128 Motion for Leave to File. . Signed by Judge James A Teilborg on 2/23/06. (DMT, ) (Entered: 02/24/2006) | |||
| 2006-03-22 | 131 | 0 | NOTICE OF APPEAL-AMENDED re 120 Notice of Appeal to 9th Circuit, as to 130 Order, 118 Order, 116 Judgment, and 115 Order by Theodore Washington. (Baich, Dale) Modified on 3/24/2006 (LSP). DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Notice of Appeal" to "Notice of Appeal-Amended". (Entered: 03/22/2006) | |||
| 2006-03-24 | 132 | 0 | Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet from 7/11/05 through 3/24/06 only transmitted to Ninth Circuit and all parties re 131 Notice of Appeal-Amended, 120 Notice of Appeal (LSP) (Entered: 03/24/2006) | |||
| 2006-07-26 | 133 | 0 | ORDER of 9th Circuit,(copy) vacating district court's 2/24/06 order denying petitioner's Rule 60(b) motion. Returning this case to the district court on limited remand and instruct the district court to : remove petitioner's counsel of record; order the district court's appointing authority to appoint new counsel from outside the AZ Federal Public Defender's office; set a due date for a Rule 60(b) motion to be filed on behalf of petitioner by new counsel; order the new Rule 60(b) motion filed effective nunc pro tunc as of 10/13/05; and set due dates for filing of the State's reponse to the 60(b) motion and petitioner's reply and entertain and decide the to be filed Rule 60(b) motion. Petitioner's new counsel shall file a timely and proper notice of appeal after the district court rules on the Rule 60(b) motion on limited remand. Withing 30 days after entry of the district court's order disposing of the Rule 60(b) motion on limited remand, petitioner's new cnsl shall in this Court show cause in writing, why petitioner's appeal from the district court's order denying his 28 USC 2254 petition should not be dismissed for lack of jurisdiction as untimely, appeal case number 05-99009, as to 131 Notice of Appeal, filed by Theodore Washington,, 120 Notice of Appeal filed by Theodore Washington, (DMT, ) (Entered: 07/26/2006) | |||
| 2006-07-28 | 134 | 0 | ORDER re 133 ORDER of 9th Circuit,(copy). That Federal Public Defender (Atty Baich and John Trebon) are terminated as counsel of record for petitioner, effective immediately. Ordered that, effective as of the filing date of this order Atty Gilbert Henry Levy is appointed as counsel for petitioner. Counsel shall be compensated at the rate of $150.00 per hour for legal representation of petitioner before this Court. That the Federal Public Defener and John Trebon immediately provide all records and other materials gathered during their representation of petitioner to new counsel, Atty Levy. Petitioner shall file a Rule 60(b) motion no later than 10/24/06. The motion shall also state in the caption that it is filed nunc pro tunc as of 10/13/05 pursuant to this order. Respondents to file response by 11/22/06 and petitioner shall file reply by 12/13/06; re: 120 Notice of Appeal filed by Theodore Washington, (DMT, ), Attorney Gilbert Henry Levy for Theodore Washington added. . Signed by Judge James A Teilborg on 7/26/06. [cc:Atty Levy, 9CCA](DMT, ) (Entered: 07/28/2006) | |||
| 2006-08-14 | 135 | 0 | MOTION to Appoint Counsel by Theodore Washington. (Levy, Gilbert) (Entered: 08/14/2006) | |||
| 2006-08-14 | 136 | 0 | MEMORANDUM re: Memorandum in support of motion to appoint associate counsel re 135 MOTION to Appoint Counsel by Petitioner Theodore Washington. (Attachments: # 1)(Levy, Gilbert) (Entered: 08/14/2006) | |||
| 2006-08-23 | 137 | 0 | ORDER in addition to the Guide to Judiciary Policies and Procedures for administration of the Criminal Justice Act (CJA), Volume VII (Appointment of Counsel in Criminal Cases), the following rules shall apply in this case as supplementing and interpreting those guidelines (re Cost Management, Submission of CJA Vouchers, Reimbursable Expenses); FURTHER ORDERED that granting petitioner's 135 Motion to Appoint Associate Counsel; petitioner is authorized to enlist the services of Johanna Bender as associate counsel at $85.00 per hour to undertake research and writing tasks that would otherwise be performed by appointed counsel; Ms Bender shall submit CJA Form 31 directly to the Court for payment of fees and may do so on an interim basis; under no circumstances will the Court authorize travel for Ms Bender; counsel is reminded of the policies set forth in this order concerning cost effective use of staff. Signed by Judge James A Teilborg on 8/22/06. (LAD) (Entered: 08/23/2006) | |||
| 2006-10-12 | 138 | 0 | Transmitted Record on Appeal to 9th Circuit re 131 , 120 Notices of Appeal. 40 Volumes of State Court Record (combined with State Court Record in CV 96-669) (REW, ) (Entered: 10/12/2006) | |||
| 2006-10-23 | 139 | 0 | MOTION to Vacate Judgment by Theodore Washington. (Attachments: # 1 Exhibit Declaration# 2 Memorandum of Points and Authorities)(Levy, Gilbert) (Entered: 10/23/2006) | |||
| 2006-11-20 | 140 | 0 | MOTION for Extension of Time 2 weeks to file Response to Motion to Vacate Judgment by Dora B Schriro. (Attachments: # 1)(Nielsen, Jim) (Entered: 11/20/2006) | |||
| 2006-11-22 | 141 | 0 | ORDER granting 140 Respondent's Motion for Extension of Time to file their response to Petitioner's motion to vacate judgment. The response is due no later than 12/6/06. Signed by Judge James A Teilborg on 11/22/06. (LSP) (Entered: 11/22/2006) | |||
| 2006-12-06 | 142 | 0 | RESPONSE to Motion re 139 MOTION to Vacate Judgment filed by Dora B Schriro. (Nielsen, Jim) (Entered: 12/06/2006) | |||
| 2006-12-12 | 143 | 0 | First MOTION for Extension of Time Extension of Time to reply to response to motion to vacate judgment by Theodore Washington. (Levy, Gilbert) (Entered: 12/12/2006) | |||
| 2006-12-14 | 144 | 0 | ORDER granting 143 Motion for Extension of Time. Petitioner shall have to 1/3/07 to file reply.. Signed by Judge James A Teilborg on 12/12/06.(DMT, ) (Entered: 12/14/2006) | |||
| 2007-01-03 | 145 | 0 | REPLY to Response to Motion re 139 MOTION to Vacate Judgment filed by Theodore Washington. (Levy, Gilbert) (Entered: 01/03/2007) | |||
| 2007-03-01 | 146 | 0 | ORDER denying 139 Motion to Vacate Judgment FURTHER ORDERED that the Clerk of Court forward a copy of this Order to the Clerk of the Ninth Circuit Court of Appeals and to the Clerk of the AZ Supreme Court. Signed by Judge James A Teilborg on 2/28/07.(MAP) (Entered: 03/01/2007) | |||
| 2007-03-05 | 147 | 0 | NOTICE OF APPEAL to 9th Circuit, as to 146 Order on Motion to Vacate, by Theodore Washington. (Levy, Gilbert) Modified on 3/6/2007 MODIFIED TO REMOVE FEE PAYMENT INFO (REW, ). (Entered: 03/05/2007) | |||
| 2007-03-08 | 148 | 0 | Certificate of Appealability Denied. Because there is no authority supporting Petitioner's attempt to use Rule 60(b) of the Federal Rules of Civil Procedure to circumvent Rule 4(a) of the Federal Rules of Appeal - the Court finds that reasonable jurists could not debate its denial of Petitioner's motion to vacate judgment and that the issues presented in the motion are not adequate to deserve encouragement to proceed further. Probable cause does not exist for the appeal. Applicant has not made a substantial showing of the denial of a constitutional right; in forma pauperis status denied as to this appeal. re 147 Notice of Appeal. Signed by Judge James A Teilborg on 3/7/07. (LCF) (Entered: 03/08/2007) | |||
| 2007-03-09 | 149 | 0 | Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re 147 Notice of Appeal (DMT, ) (Entered: 03/09/2007) | |||
| 2007-04-12 | 150 | 0 | Ninth Circuit Case Number 07-15536 for 131 Notice of Appeal,. (LCF) (Entered: 04/12/2007) | |||
| 2007-04-17 | 151 | 0 | ORDER of 9th Circuit, appeal case number 05-99009 & 07-15536, as to 147 Notice of Appeal filed by Theodore Washington, 120 Notice of Appeal filed by Theodore Washington. Petitioner's notice of appeal from the district court's denial of Petitioner's Rule 60(b) motion was inadvertently filed in error in case number 05-99009. Petitioner's appeal from the district court's denial of his Rule 60(b) motion will be opened under case number 07-15536. Hereinafter, the parties shall designated all filings with the appropriate case number. Petitioner's unopposed motion to extend the time to 4/24/07 to file a response to Respondent's motion for summary dismissal (in case number 05-99099) is granted. Petitioner's unopposed motion to extend the time to 6/1/07 to file a response, not to exceed 5600 words, to the order to show cause (in case number 05-99009) is granted. Petitioner's unopposed motion to extend time to 6/1/07 to file a motion for a certificate of appealability (in case number 07-15536) is granted. (LCF) (Entered: 04/17/2007) | |||
| 2010-08-11 | 152 | 0 | ORDER of USCA discharging this Court's prior order to show cause why Petitioner's habeas appeal should not be dismissed as untimely, we deny Respondent's motion to summarily dismiss the habeas appeal, and we grant a certificate of appealability (COA) in the Rule 60(b) appeal as to the following issues (see order) as to 147 Notice of Appeal filed by Theodore Washington, 120 Notice of Appeal filed by Theodore Washington, 131 Notice of Appeal, filed by Theodore Washington. (TLJ) (Entered: 08/11/2010) | |||
| 2013-04-22 | 153 | 0 | Transmitted Record on Appeal to US Court of Appeals re: 147 Notice of Appeal. This defendant was jointly tried with defendant Robinson in case CV-96-669-PHX-JAT Robinson v. Schriro. The State Court Record ONLY stemming from CV-96-669-PHX-JAT is being transmitted to the 9CCA for the purposes of this appeal. State record (for case CV-96-669-PHX-JAT) consists of 10 Volumes plus 1 CD with accompanying docket report of Yuma County Superior Court case documents in case S1400CR8714064 electronically stored and being shipped in 1 box via UPS to 9CCA on this date (MHU) (Entered: 04/22/2013) | |||
| 2013-08-20 | 154 | 0 | MOTION to Confirm Appointment of Counsel in State Clemency Proceedings by Theodore Washington. (Attachments: # 1 Declaration, # 2 Memorandum, # 3 Text of Proposed Order)(Levy, Gilbert) (Entered: 08/20/2013) | |||
| 2013-08-26 | 155 | 0 | ORDER, Petitioner's Motion to Confirm Appointment of Counsel in State Clemency Proceedings 154 is granted; within 30 days, Petitioner's counsel shall file ex parte and under seal a proposed budget for clemency-related work (see order for further details). Signed by Senior Judge James A Teilborg on 8/26/13.(REW) (Entered: 08/26/2013) | |||
| 2013-09-25 | 156 | 0 | *Ex Parte Budget Declaration of Gilbert H. Levy per 155 Order. Filed by Theodore Washington. (Attachments: # 1 Exhibit)(Levy, Gilbert) *Modified from lodged to filed and linked to Order on 9/26/2013 (SSU). (Entered: 09/25/2013) | |||
| 2013-09-26 | 157 | 0 | NOTICE of Attorney Substitution by Laura Patrice Chiasson. (Chiasson, Laura) (Entered: 09/26/2013) | |||
| 2013-09-26 | 158 | 0 | ORDER of USCA: The case is remanded to the District Court for the limited purpose of determining whether Washington was effectively abandoned by his attorney. The District Court shall hold an evidentiary hearing and make findings on this issue within sixty days of this order re 05-99009, 131 Notice of Appeal and 07-15536, 147 Notice of Appeal. (LFIG) (Entered: 09/26/2013) | |||
| 2013-09-26 | 159 | 0 | ORDER - ORDERED setting Telephone Status Conference for Wednesday, 10/2/2013 at 01:30 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A Teilborg.Counsel shall jointly call the Court (at 602-322-7560) on a conference call at the time set for the hearing. Counsel shall be prepared to address the issues as set forth in the attached Order. Signed by Senior Judge James A Teilborg on 9/26/2013. (TLB) (Entered: 09/26/2013) | |||
| 2013-09-26 | 160 | 0 | NOTICE re Notice of Unavailability: GHL by Theodore Washington . (Levy, Gilbert) (Entered: 09/26/2013) | |||
| 2013-10-02 | 161 | 0 | MINUTE ENTRY for proceedings held before Senior Judge James A Teilborg: Telephone Conference held on 10/2/2013 re: 9CCA Mandate. Petitioner's counsel Gilbert H. Levy and Respondent's counsel Laura P. Chiasson appear telephonically. Petitioner's presence is waived. Procedure discussed in lieu of conducting evidentiary hearing. ORDERED setting briefing schedule as follows: Petitioner's brief due 10/11/13; Respondent's responsive brief due 10/21/13; Petitioner's reply brief due 10/29/13. ORDERED setting In-Court Hearing for 11/20/2013 at 10:00 AM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A Teilborg. All counsel must be present for this hearing. Respondent's counsel requests Petitioner's counsel provide her with supplemental declaration prior to the 10/11/13 briefing deadline if at all possible. (Court Reporter David German.) Hearing held 1:40 PM to 1:50 PM.(TLB) (Entered: 10/02/2013) | |||
| 2013-10-11 | 162 | 0 | MEMORANDUM Petitioner's Memorandum Regarding Abandonment by Petitioner Theodore Washington. (Attachments: # 1 Exhibit)(Levy, Gilbert) (Entered: 10/11/2013) | |||
| 2013-10-16 | 163 | 0 | ORDER - Counsel for Petitioner, Gilbert Levy, is authorized to travel to and from Seattle Washington to Phoenix, Arizona for the purpose of attending a hearing in this case on 11/20/2013. The authorized dates of travel are 11/19/2013-11/20/2013. Counsel is authorized overnight lodging and meals expenses, subject to the per diem rate for Phoenix, Arizona as well as reimbursement for rental car expense. Counsel may contact National Travel Service to arrange for coach class air travel. See attached Order. Signed by Senior Judge James A Teilborg on 10/15/2013. (TLB) (Entered: 10/16/2013) | |||
| 2013-10-21 | 164 | 0 | *RESPONSE to 162 MEMORANDUM re Abandonment by Charles L Ryan.(Chiasson, Laura) *Modified from Answer, document number/link added on 10/22/2013* (REW). (Entered: 10/21/2013) | |||
| 2013-10-29 | 165 | 0 | RESPONSE re 162 Memorandum Petitioner's Response to Respondent's Brief re: Abandonment by Petitioner Theodore Washington. (Levy, Gilbert) (Entered: 10/29/2013) | |||
| 2013-11-20 | 166 | 0 | MINUTE ENTRY for proceedings held before Senior Judge James A Teilborg: Hearing held on 11/20/2013 re: 9th Circuit Court of Appeals' Remand 158 . Argument held. IT IS ORDERED taking this matter under advisement. APPEARANCES: Gilbert Levy for Petitioner. Laura Chiasson for Respondent. (Court Reporter David German) Hearing held 10:05 AM to 10:26 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 11/20/2013) | |||
| 2013-11-25 | 167 | 0 | ORDER, the Court finds that Baich's conduct did not amount to abandonment, re: 05-99009 . Signed by Senior Judge James A Teilborg on 11/25/13. (REW) (Entered: 11/25/2013) | |||
| 2014-02-10 | 169 | 0 | SEALED EX PARTE ORDER that counsel is authorized to expend up to 125 hours atthe prevailing hourly rate for lead capital habeas counsel in the District of Arizona FURTHER ORDERED that counsel is authorized to enlist the services of aparalegal FURTHER ORDERED that counsel is authorized to enlist the services ofinvestigator. See Order for Full Details. Signed by Senior Judge James A Teilborg on 2/10/14. (cc: Petitioner's CNsl/CJA)(MAP) (Entered: 02/10/2014) | |||
| 2014-06-13 | 171 | 0 | ORDER, the appointment of counsel Gilbert Levy (see Doc. 155 ) is nunc pro tunc to July 18, 2013. Signed by Senior Judge James A Teilborg on 6/13/14. (REW) (Entered: 06/13/2014) | |||
| 2016-01-28 | 184 | 0 | APPEAL RECORD RETURNED: re: 07-15536 as to 147 Notice of Appeal. Number of Volumes of Clerk's Record: 3; Number of Bulky Documents: 5; Docket numbers of Bulky Document: 25, 30, 35, 85, and 108; Number of Transcripts: 0; Number of Expandos: 2. (ATD) (Entered: 01/28/2016) |