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)

1

WO

2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF ARIZONA

9

Kevin Artice Miles,

10
11

Petitioner,
v.

12
13

Charles L. Ryan,
Respondent.

14
15

) No. CV-01-00645-TUC-RCC
)
) DEATH PENALTY CASE
)
)
)
) ORDER
)
)
)
)
)

16

Before the Court is Petitioner’s renewed motion for authorization of federal habeas

17

counsel to appear in state court litigation. (Doc. 92.) Based on the information provided

18

therein, the Court finds good cause to permit Petitioner’s federally-appointed counsel to

19

represent him in a successive state post-conviction proceeding under Rule 32 of the Arizona

20

Rules of Criminal Procedure. See 18 U.S.C. § 3599(e); Harbison v. Bell, 556 U.S. 180, 190

21

n.7 (2009).

22

Accordingly,

23

IT IS ORDERED that Petitioner’s Renewed Motion for Authorization of Federal

24

Habeas Counsel to Appear in State Court Litigation (Doc. 92) is GRANTED. In addition

25

to clemency-related proceedings, federally-appointed counsel is authorized to represent

26

Petitioner in state court for the purpose of seeking state post-conviction relief under Rule 32

27

of the Arizona Rules of Criminal Procedure. By issuance of this order, the Court does not

28

1

purport to encourage, approve, or convey any position with respect to the merits of the

2

proposed litigation.

3

DATED this 5th day of November, 2013.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-