Gulbrandson, et al v. Stewart, et al
Filing
97
ORDER granting 96 Petitioner's Renewed Request for Authorization for Habeas Counsel to Conduct State Court Litigation. In addition to clemency-related proceedings, federally-appointed counsel is authorized to represent Petitioner in state court for the purpose of seeking state post-conviction relief under Rule 32 of the Arizona Rules of Criminal Procedure. Signed by Senior Judge Stephen M McNamee on 1/23/2014.(ALS)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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David Gulbrandson,
Petitioner,
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v.
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Dora B. Schriro, et al.,
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Respondents.
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) No. CV-98-02024-PHX-SMM
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) DEATH PENALTY CASE
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) ORDER
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Before the Court is Petitioner’s request for authorization of federal habeas counsel to
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appear in state court litigation. (Doc. 96.) Having reviewed the motion, the Court finds good
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cause to permit Petitioner’s federally-appointed counsel to represent him in a successive state
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post-conviction proceeding under Rule 32 of the Arizona Rules of Criminal Procedure. See
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18 U.S.C. § 3599(e); Harbison v. Bell, 556 U.S. 180, 190 n.7 (2009). By granting
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Petitioner’s motion, the Court does not purport to encourage, approve, or convey any position
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with respect to the merits of the proposed litigation.
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Based on the foregoing,
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IT IS ORDERED that Petitioner’s Renewed Request for Authorization for Habeas
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Counsel to Conduct State Court Litigation (Doc. 96) is GRANTED. In addition to
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clemency-related proceedings, federally-appointed counsel is authorized to represent
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///
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Petitioner in state court for the purpose of seeking state post-conviction relief under Rule 32
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of the Arizona Rules of Criminal Procedure.
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DATED this 23rd day of January, 2014.
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