Miles, et al v. Stewart
Filing
93
ORDER granting 92 Motion Renewed Motion for Authorization of Federal Habeas Counsel to Appear in State Court Litigation. Federally-appointed counsel is authorized to represent Petitioner in state court for the purpose of seeking state post-conviction relief under Rule 32 of the Arizona Rules of Criminal Procedure. Signed by Chief Judge Raner C Collins on 11/5/13.(SMBE)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Kevin Artice Miles,
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Petitioner,
v.
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Charles L. Ryan,
Respondent.
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) No. CV-01-00645-TUC-RCC
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) DEATH PENALTY CASE
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) ORDER
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Before the Court is Petitioner’s renewed motion for authorization of federal habeas
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counsel to appear in state court litigation. (Doc. 92.) Based on the information provided
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therein, the Court finds good cause to permit Petitioner’s federally-appointed counsel to
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represent him in a successive state post-conviction proceeding under Rule 32 of the Arizona
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Rules of Criminal Procedure. See 18 U.S.C. § 3599(e); Harbison v. Bell, 556 U.S. 180, 190
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n.7 (2009).
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Accordingly,
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IT IS ORDERED that Petitioner’s Renewed Motion for Authorization of Federal
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Habeas Counsel to Appear in State Court Litigation (Doc. 92) is GRANTED. In addition
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to clemency-related proceedings, federally-appointed counsel is authorized to represent
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Petitioner in state court for the purpose of seeking state post-conviction relief under Rule 32
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of the Arizona Rules of Criminal Procedure. By issuance of this order, the Court does not
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purport to encourage, approve, or convey any position with respect to the merits of the
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proposed litigation.
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DATED this 5th day of November, 2013.
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