Spears, et al v. Schriro, et al

Filing 134

MEMORANDUM OF DECISION AND ORDER that Petitioner's First Amended Petition for Writ of Habeas Corpus 79 is denied with prejudice. The Clerk of Court shall enter judgment accordingly. ORDER vacating the stay of execution previously issued 3 . O RDER that a Certificate of Appealability is GRANTED as to the following: Whether this Court erred in denying evidentiary development in support of Claim 15-C and whether trial counsel rendered ineffective assistance by failing to adequately investigate and present available mitigation evidence at sentencing. ORDER that the Clerk of Court send a courtesy copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court. Signed by Judge Stephen M McNamee on 9/14/09. (TLJ)

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