Lee, et al v. Schriro, et al

Filing 93

MEMORANDUM OF DECISION AND ORDER; Petitioner's Amended Petition for Writ of Habeas Corpus 52 is DENIED WITH PREJUDICE; the Clerk of Court shall enter judgment accordingly; the stay of execution entered on 1/14/04 (Doc. 3) is VACATED; a Certifi cate of Appealability is GRANTED as to the following issues: Claim 9-A: Whether trial counsel's presentation of a "false" alibi defense constituted ineffective assistance of counsel; Claim 9-B: Whether trial counsel's failure to f ully investigate a voluntary intoxication defense constituted ineffective assistance of counsel; Claim 9-D: Whether trial counsel's investigation and presentation of relevant mitigating evidence at sentencing constituted ineffective assistance of counsel; the Clerk of Court shall send a courtesy copy of this Order to Rachelle M. Resnick, Clerk of the Arizona Supreme Court. Signed by Judge Mary H Murguia on 9/30/10. (REW)