Gallegos, et al v. Stewart, et al

Filing 222

ORDER - IT IS HEREBY ORDERED granting the motion (Doc. 221 ). Sally Ake, Russell Randall, and Noah Stalvey are permitted to testify via video- teleconference. IT IS FURTHER ORDERED directing Petitioner's counsel to make the arrangements for such testimony. (See document for complete details). Signed by Senior Judge Neil V Wake on 10/27/20. (SLQ)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael Gallegos, 10 Petitioner, 11 v. 12 No. CV-01-01909-PHX-NVW ORDER David Shinn, et al., 13 DEATH PENALTY ORDER Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is Petitioner’s Motion to Produce Lay Witnesses for CrossExamination Via Video-Teleconferencing. (Doc. 221.) Citing health concerns raised by the COVID-19 pandemic, Petitioner requests that witnesses Sally Ake, Russell Randall, and Noah Stalvey, who are in a high risk category due to age or underlying health issues, be allowed to testify by video at the upcoming evidentiary hearing. Respondents do not object. Good cause appearing, IT IS HEREBY ORDERED granting the motion (Doc. 221). Sally Ake, Russell Randall, and Noah Stalvey are permitted to testify via video-teleconference. IT IS FURTHER ORDERED directing Petitioner’s counsel to make the arrangements for such testimony. Dated this 27th day of October, 2020.

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