Smith, et al v. Ryan, et al

Filing 70

MEMORANDUM OF DECISION AND ORDER 24 Petitioner's AMENDED Petition for Writ of Habeas Corpus is denied; the Clerk shall enter judgment. The Stay of Execution entered by this Court on 9/22/03 is VACATED. Certificate of Appealability is granted a s to the following issues: Applicant has made a substantial showing of the denial of a constitutional right with respect to the following issues: Whether Petitioner is entitled to relief on Claim 3 alleging prosecutorial misconduct in violation of th e Fourteenth Amendment; and Whether Petitioner is entitled to relief on Claim 6, alleging that his statements were obtained in violation of the Fifth, Sixth, and Fourteenth Amendments. The Clerk shall forward a copy of this Order to Clerk of the Arizona Supreme Court. Signed by Judge Susan R Bolton on 12/3/09. (LSP)

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