Roberts v. Ayers, et al

Filing 466

AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 1/30/13 ordering petitioner's 12/15/10 motion for an evidentiary hearing 369 is granted in part. The court will hear evidence on the following claims or portions of claims: a) Claim 1 in all respects except regarding the allegations that 1) prosecutors suppressed evidence related to Alexander Vichi and William Acker and 2) prosecutors committed misconduct by delaying the investigation of petitioner's alibi and in charging h im. b) The allegation in claim 15 that counsel was ineffective by failing to question prospective jurors during voir dire regarding racial bias. c) The allegations in claim 7 that counsel should have investigated and presented testimony of a prison e xpert and the impeachment evidence presented in claim 1. d) The allegation in claim 16 that petitioner suffered actual prejudice as a result of courtroom security measures employed at trial. e) Claim 29 f) The allegations in claim 30 that jurors were prejudiced by extrinsic evidence of petitioner's dangerousness, exhibited racial bias, and considered petitioner's prior murder conviction during the guilt phase. g) Claims 42 and 43 in all respects except: 1) the allegations that counsel was ineffective in failing to present evidence that petitioner's attorney in his 1970 murder case acted inappropriately or ineffectively, and 2) the allegations that counsel failed to impeach William Acker. Petitioner's motion for an evidentiary hearing is denied in all other respects. Petitioner's 12/15/10 motion to expand the record 369 is granted. On 7/11/13 at 10:00 a.m. in courtroom 27 the undersigned will hold a status and scheduling conference.(Plummer, M)(Plummer, M)