Apelt, et al v. Schriro, et al

Filing 315

ORDER Petitioner's Motion for Supplemental Briefing (Doc. 311 ) is GRANTED. FURTHER ORDERED setting the following briefing schedule: No later than July 30, 2012, Petitioner shall file a supplemental brief. No later than September 14, 2012, Resp ondents shall file a response to Petitioner's supplemental brief. No later than October 15, 2012, Petitioner shall file a reply. The Court's courtesy copy of any brief in excess of 50 pages shall be spiralbound on the left and shall include a table of contents, an exhibits list (if any), and tabs between exhibits (if any). Signed by Chief Judge Roslyn O Silver on 5/23/2012.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Apelt,
Petitioner,

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v.
Charles L. Ryan, et al.,

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Respondents.

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No. CV-98-00882-PHX-ROS
DEATH PENALTY CASE

ORDER

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There being no opposition,

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IT IS ORDERED Petitioner’s Motion for Supplemental Briefing (Doc. 311) is

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GRANTED.

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IT IS FURTHER ORDERED setting the following briefing schedule:

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1.

No later than July 30, 2012, Petitioner shall file a supplemental brief

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addressing: (1) whether under Martinez v. Ryan, 132 S. Ct. 1309 (2011), Petitioner has cause

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to excuse the procedural default of Claims 1-B, 1-D, and 12; and (2) the merits of Claims

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1-B, 1-D, and 12. The merits portion of the brief shall include a discussion of the applicable

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standards of review and shall also include any requests for evidentiary development,

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including identification of the evidence or facts sought to be developed and the applicable

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standards governing evidentiary development.

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2.

No later than September 14, 2012, Respondents shall file a response to

Petitioner’s supplemental brief.

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3.

No later than October 15, 2012, Petitioner shall file a reply.

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4.

The Court’s courtesy copy of any brief in excess of 50 pages shall be spiral

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bound on the left and shall include a table of contents, an exhibits list (if any), and tabs

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between exhibits (if any).

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DATED this 23rd day of May, 2012.

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