Milke, et al v. Ryan, et al

Filing 200

ORDER, within 21 days, Respondents shall provide records and file under seal any records and file a statement regarding such records as detailed in this order. Signed by Senior Judge Robert C Broomfield on 5/29/13. (REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra Jean Milke, Petitioner, 10 11 vs. 12 Charles L. Ryan, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV-98-00060-PHX-RCB DEATH PENALTY CASE ORDER 15 16 On May 15, 2013, the Court of Appeals for the Ninth Circuit issued its mandate, 17 reversing this Court’s denial of habeas relief and remanding with instructions to grant a 18 conditional writ of habeas corpus. (Doc. 199.) The court of appeals further directed this 19 Court to order the State to provide Petitioner’s counsel with police personnel records 20 covering all years of service for Phoenix Police Detective Armando Saldate, Jr., including 21 records pertaining to any disciplinary or Internal Affairs investigations and records pertaining 22 to performance evaluations, prior to granting the conditional writ. Pursuant to the mandate 23 of the court of appeals, 24 IT IS ORDERED that within twenty-one (21) days of this Order, Respondents shall 25 (1) provide to Petitioner’s counsel all police personnel records covering all years of service 26 for Phoenix Police Detective Armando Saldate, Jr., including but not limited to records 27 pertaining to any disciplinary or Internal Affairs investigations and records pertaining to 28 performance evaluations; (2) file under seal with a copy to Petitioner’s counsel any police 1 personnel records for Detective Saldate that Respondents believe are irrelevant under Brady 2 or Giglio; and (3) file a statement under oath from a relevant police official certifying that 3 all of Detective Saldate’s police personnel records have been disclosed and none has been 4 omitted, lost, or destroyed. 5 IT IS FURTHER ORDERED that any personnel records filed under seal and 6 contested by Respondents as irrelevant under Brady or Giglio shall be maintained by both 7 parties in a confidential manner. Such records may be used only by representatives for 8 Petitioner and Respondents in litigating their relevancy and shall not be disclosed to any 9 other persons, agencies, or entities without an order from this Court. 10 IT IS FURTHER ORDERED that if Respondents contest the relevancy of any of 11 Detective Saldate’s personnel records, Petitioner shall file a brief addressing the relevancy 12 of such records within fourteen (14) days of receipt of the sealed records from Respondents. 13 Respondents may file a reply within seven (7) days of the filing of Petitioner’s brief. 14 DATED this 29th day of May, 2013. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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