Milke, et al v. Ryan, et al

Filing 213

ORDER Granting Writ of Habeas Corpus; Petitioner's Petition for Writ of Habeas Corpus is granted; Respondents shall release Petitioner Debra Jean Milke from custody unless the State of Arizona: (1) notifies this Court within 30 days of the filin g date of this Order that it intends to retry Petitioner, and (2) actually commences Petitioner's retrial within 90 days of the filing date of this Order; the Clerk shall enter judgment accordingly and terminate this matter; the Clerk shall expeditiously return the state court records received on 8/3/99 and 3/7/02 (Docs. 46 & 88 ) to the Clerk of the Arizona Supreme Court. Signed by Senior Judge Robert C Broomfield on 7/8/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Debra Jean Milke,
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Petitioner,
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v.
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Charles L. Ryan, et al.,
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Respondents.
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No. CV-98-00060-PHX-RCB

ORDER GRANTING
WRIT OF HABEAS CORPUS

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Pursuant to the mandate of the Court of Appeals for the Ninth Circuit in Milke v.
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Ryan, 711 F.3d 998 (9th Cir. 2013),
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IT IS HEREBY ORDERED that Petitioner’s Petition for Writ of Habeas Corpus is
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GRANTED. Respondents shall release Petitioner Debra Jean Milke from custody unless the
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State of Arizona: (1) notifies this Court within 30 days of the filing date of this Order that
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it intends to retry Petitioner, and (2) actually commences Petitioner’s retrial within 90 days
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of the filing date of this Order. The Clerk of Court shall enter judgment accordingly and
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terminate this matter.
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IT IS FURTHER ORDERED that the Clerk of Court shall expeditiously return the
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state court records received on August 3, 1999, and March 7, 2002 (Docs. 46 & 88) to the
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Clerk of the Arizona Supreme Court.
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DATED this 8th day of July, 2013.
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copies to all counsel of record