Poyson, et al v. Ryan, et al
Filing 75
MEMORANDUM OF DECISION AND ORDER denying 27 Petitioner's Amended Petition for Writ of Habeas Corpus. The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED denying 72 Petitioner's Motion Expansion of the Record. The stay of execution is VACATED. IT IS FURTHER ORDERED GRANTING a Certificate of Appealability as to the following issues: Whether Claims 2 and 3 of the Amended Petition - alleging that Petitioner's rights were violated when the state courts appli ed a causal connection test to his mitigating evidence and refused to consider all of the mitigating evidence - are without merit. Whether Claim 6 of the Amended Petition - alleging ineffective assistance of counsel at sentencing is procedurally barred. IT IS FURTHER ORDERED that the Clerk of Court forward a courtesy copy of this Order to the Clerk of the Arizona Supreme Court. Signed by Judge Neil V Wake on 1/20/10.(LSP)
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