White v. Schriro et al

Filing 296

ORDER - Petitioner's Amended Writ of Habeas Corpus is granted unless the State of Arizona, within 120 days from the entry of this Judgment, either holds a new sentencing hearing or vacates Petitioner's sentence and imposes a lesser sentence in accordance with state and federal law. The Clerk shall enter judgment accordingly and forward a courtesy copy of this Order to Janet Johnson, Clerk of the Arizona Supreme Court. Signed by Judge Steven P Logan on 8/29/18. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Ray White,

No. CV-08-08139-PCT-SPL
Petitioner,

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v.

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ORDER

Charles L. Ryan, et al.,

DEATH PENALTY CASE

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Respondents.

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On July 10, 2015, Petitioner Michael Ray White’s Amended Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 273) was denied (Doc. 286).
Petitioner appealed, and the Ninth Circuit Court of Appeals reversed and remanded,
instructing this Court “to grant a conditional writ with respect to White’s sentence unless
the State, within a reasonable period, either holds a new sentencing hearing or vacates
White’s sentence and imposes a lesser sentence in accordance with state and federal law.”
White v. Ryan, 895 F.3d 641, 673 (9th Cir. 2018). The mandate issued on August 27,
2018 (Doc. 295). Accordingly,
IT IS ORDERED that Petitioner’s Amended Writ of Habeas Corpus is granted
unless the State of Arizona, within 120 days from the entry of this Judgment, either holds
a new sentencing hearing or vacates Petitioner’s sentence and imposes a lesser sentence
in accordance with state and federal law.
IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment
accordingly.

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IT IS FURTHER ORDERED that the Clerk of Court forward a courtesy copy of

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this Order to Janet Johnson, Clerk of the Arizona Supreme Court, 1501 W. Washington

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Street, Phoenix, Arizona 85007-3329.

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Dated this 29th day of August, 2018.

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Honorable Steven P. Logan
United States District Judge

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