Apelt, et al v. Schriro, et al

Filing 245

ORDER that the Clerk of the Arizona Supreme Court provide a complete copy of Petitioner's state court Atkins record (Pinal County Superior Court No. CR-14946). If the record is available in electronic form, it should be provided in that form; if not, a paper copy of the record may be forwarded to: Clerk of the United States District Court, 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. Signed by Judge Roslyn O Silver on 09/22/10. (ESL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Michael Apelt, Petitioner, vs. Charles L. Ryan, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) No. CV-98-00882-PHX-ROS DEATH PENALTY CASE

ORDER

To ensure efficient review and adjudication of Petitioner's remaining sentencing claims it is essential that the Court have a copy of the state court record regarding Petitioner's postconviction relief litigation pursuant to Atkins v. Virginia, 536 U.S. 304 (2002) (recognizing that the Eighth Amendment prohibits a state from sentencing to death or executing a mentally retarded person). IT IS HEREBY ORDERED that the Clerk of the Arizona Supreme Court provide a complete copy of Petitioner's state court Atkins record (Pinal County Superior Court No. CR14946). If the record is available in electronic form, it should be provided in that form; if not, a paper copy of the record may be forwarded to: Clerk of the United States District Court, 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. DATED this 22nd day of September, 2010.