Bemore v. Chappell

Filing 124

FINAL ORDER: Denying Petition for Writ of Habeas Corpus and Issuing Certificate of Appealability. The Petition for Writ of Habeas Corpus is DENIED as to all claims. The Court ISSUES a Certificate of Appealability ["COA"] on Claims 1-2,6-8, 10, 14-15, 18, 20, 27-28, 30-31, 36, and 38 and DENIES a COA on Claims 3-5, 9, 11-13, 16-17, 19, 21-26, 29, 32-34, and 37. The Clerk is ORDERED to enter Judgment for Respondent and close Case No. 08-cv-0311. Signed by Judge Larry Alan Burns on 9/25/12.(kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TERRY DOUGLAS BEMORE,

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CASE NO. 08cv0311 LAB (WVG)
Petitioner,

DEATH PENALTY CASE

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vs.

FINAL ORDER:

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(1) DENYING PETITION FOR
WRIT OF HABEAS CORPUS; AND

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KEVIN CHAPPELL, Acting Warden of San
Quentin State Prison,

(2) ISSUING CERTIFICATE OF
APPEALABILITY

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Respondent.
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For the reasons discussed in the Court’s March 22, 2011 Order (see Doc. No. 88) and the

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Court’s September 20, 2012 Order (see Doc. No. 123) the Petition for Writ of Habeas Corpus is

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DENIED as to all claims. The Court ISSUES a Certificate of Appealability [“COA”] on Claims 1-2,

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6-8, 10, 14-15, 18, 20, 27-28, 30-31, 36, and 38 and DENIES a COA on Claims 3-5, 9, 11-13, 16-17,

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19, 21-26, 29, 32-34, and 37. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000);

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(see also Doc. No. 88 at 81, Doc. No. 123 at 118.)

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The Clerk is ORDERED to enter Judgment for Respondent and close Case No. 08-cv-0311.
IT IS SO ORDERED.

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DATED: September 25, 2012

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HONORABLE LARRY ALAN BURNS
United States District Judge
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08cv0311