Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 737

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 737

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Jon M. Sands Federal Public Defender Dale A. Baich (Ohio Bar No. 0025070) Assistant Federal Public Defenders 850 West Adams Street, Suite 201 Phoenix, Arizona 85007 [e-mail] 602.382.2816 602.889.3960 facsimile Counsel for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Rudi Alfred Apelt, Petitioner, vs. Dora Schriro, et al., Respondents. Petitioner Rudi Alfred Apelt ("Rudi Apelt"), through counsel and pursuant to the order issued by the Court on November 18, 2002, (District Court Docket Entry Number ("Doc. No.") 151), hereby notifies the Court and the parties of the status of his petition for post-conviction relief filed in the Pinal County Superior Court. The Court directed counsel for Rudi Apelt to file bi-monthly status reports on his claim based on Atkins v. Virginia, 536 U.S. 304 (2002), filed in the state superior court. (Doc. No. 151.) On May 19, 2009, the superior court found Rudi Apelt demonstrated "by clear and convincing evidence that he is mentally retarded." State v. Rudi Apelt, No. CR14946 (Pinal Cty. Super Ct., May 19, 2009) at 8. The court granted Rudi Apelt's petition under Ariz R. Crim. P. 32 and vacated the sentence of death. Id. On July 21, 2009, Rudi was re-sentenced. The court sentenced Rudi to life without the possibility of parole for 25 years on the first degree murder charge. On August 3, 2009, Rudi appealed his sentence to the Arizona Court of Appeals, and that
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Dockets.Justia.com

No. CIV 97-1249-PHX-ROS Death Penalty Case Bi-Monthly Status Report

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matter is pending. The complete record of the state court proceedings has yet to be transmitted by the superior court. Respectfully submitted this 4th day of December, 2009. Jon M. Sands Federal Public Defender Dale A. Baich s/ Dale A. Baich Counsel for Petitioner Certificate of Service I hereby certify that on December 4, 2009, I electronically transmitted the attached document to the Clerk's Office Using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jeffrey Zick Assistant Attorney General Attorney General's Office s/ Stephanie Bame Legal Secretary Capital Habeas Unit

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