Gallegos, et al v. Stewart, et al

Filing 218

ORDER granting 211 Motion to Present Testimony of Lay Witnesses. See Order for further details. Signed by Senior Judge Neil V Wake on 10/15/20. (DXD)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Gallegos,

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Petitioner,

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v.

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No. CV-01-01909-PHX-NVW
ORDER

David Shinn, et al.,

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DEATH PENALTY ORDER

Respondents.

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Before the Court is Petitioner’s Motion to Present Testimony of Lay Witnesses. (Doc.
211.) The Parties stipulate to the admission of the declarations of Aaron Barrett and
Statia Peakheart, and they will be accepted.
IT IS THEREFORE ORDERED that the declarations of Aaron Barrett and Statia
Peakheart may be admitted but not live testimony.
IT IS FURTHER ORDERED that the declarations of Sally Ake, Russell Randall,
Anthony Duran, Mary Durand, Michelle Emig, Hortensia Gallegos, Jerry Gallegos, Jr.,
Margaret Gallegos, Melodee Nowatzki, and Noah Stalvey will be admitted in lieu of
live testimony, but Petitioner must produce for live cross-examination at the hearing any
such witness whose declaration is offered.
Dated: October 15, 2020.