Smith # 036085 v. Ryan et al

Filing 34

ORDER that within 30 days of the filing date of this order, Respondents shall file copies of the documents requested in this order. The Clerk of the Arizona Supreme Court shall transmit to Brian Karth, Clerk, United States District Court, the Record on Appeal in Maricopa County Superior Court No. 0000-095116. The Clerk shall send a copy of this Order to: Janet Johnson, Clerk of the Arizona Supreme Court. Signed by Senior Judge Paul G Rosenblatt on 4/30/13. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joe Clarence Smith,
Petitioner,
vs.
Charles L. Ryan, et al.,

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Respondents.

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No. CV-12-00318-PHX-PGR
DEATH PENALTY CASE

ORDER

To ensure efficient review and adjudication of Petitioner’s federal habeas claims, it
is essential that the Court obtain a copy of the state court record. In the Order of
Appointment and General Procedures entered on February 17, 2012, the Court stated that it
would sua sponte request a copy of the superior court record from the Arizona Supreme
Court and directed Respondents to file with their Answer the following parts of the appellate
and post-conviction record:
(1)

The appellate and post-conviction briefs;

(2)

The opinions and dispositive orders of the post-conviction and appellate courts;

(3)

A complete copy of the post-conviction record on appeal; and

(4)

Any post-conviction hearing transcripts.

(Doc. 7 at 4.) Respondents filed their Answer on March 21, 2013. However, the
accompanying exhibits did not include any of the responsive appellate and post-conviction
briefs. Additionally, Respondents did not provide either a complete copy of the post-

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conviction record on appeal or copies of post-conviction hearing transcripts (if any).

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Accordingly,

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IT IS ORDERED that within thirty (30) days of the filing date of this order,

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Respondents shall file copies of the following:
(1)

The responsive appellate briefs in Arizona Supreme Court No. CR-04-0208AP, including the State’s answering brief and Petitioner’s reply;

(2)

The responsive post-conviction briefs in Maricopa County Superior Court No.
0000-095116 and Arizona Supreme Court No. CR 11-0336-PC, including the
State’s response to Petitioner’s June 2011 petition for post-conviction relief,
Petitioner’s reply thereto, the State’s opposition to Petitioner’s October 2011
petition for review, and Petitioner’s reply thereto; and

(3)

In addition to the post-conviction briefs set forth in item (2), a complete copy
of the post-conviction record on appeal, including all instruments, minute
entries, and hearing transcripts (if any).

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IT IS FURTHER ORDERED that the Clerk of the Arizona Supreme Court transmit
to Brian Karth, Clerk, United States District Court, 401 West Washington Street, Suite 130,
SPC 1, Phoenix, Arizona 85003-2118, the Record on Appeal in Maricopa County Superior
Court No. 0000-095116, including all transcripts but excluding exhibits, filed as part of Joe
Clarence Smith’s appeal in Arizona Supreme Court No. CR-04-0208-AP.
IT IS FURTHER ORDERED that the Clerk of Court send a copy of this Order to:
Janet Johnson, Clerk of the Arizona Supreme Court, 1501 W. Washington, Suite 402,
Phoenix, Arizona 85007-3329.
DATED this 30th day of April, 2013.

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