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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///

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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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