Ruffin v. Director Nevada Department of Corrections et al
Filing
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ORDER Granting 58 Petitioner's Motion for Partial Dismissal without prejudice for lack of exhaustion. Signed by Judge Roger L. Hunt on 7/28/11. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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KEVIN TYRONE RUFFIN,
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Petitioner,
2:07-cv-00721-RLH-PAL
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vs.
ORDER
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DIRECTOR NEVADA DEPARTMENT
OF CORRECTIONS, et al.,
Respondents.
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Following upon petitioner's motion (#58) for partial dismissal in this represented habeas
matter under 28 U.S.C. § 2254, which motion has not been opposed,
IT IS ORDERED that petitioner's motion (#58) is GRANTED and that the following
claims are DISMISSED without prejudice for lack of exhaustion:
(1)
Ground 3 to the extent that petitioner alleges that
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trial counsel was ineffective for failing to object to
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references in the State’s opening statement and
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closing argument about the Bellagio videotape;
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(2)
Ground 4 in its entirety;
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(3)
Ground 5 to the extent that petitioner claims that
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trial counsel was ineffective for failing: (a) to
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challenge the identification testimony of Dan
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Smolinski and Dolores Harris; and (b) to object to
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Diana Stubenrauch’s testimony identifying Ruffin in
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the surveillance video as inadmissible lay opinion;
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(4)
Ground 7 to the extent that petitioner claims that
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trial counsel was ineffective for failing: (a) to
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interview witnesses Dan Smolinski, Dolores Harris,
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and Diana Stubenrauch, to enable counsel to either
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exclude their identification testimony entirely or at
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least impeach the witnesses; and (b) to interview
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Ruffin’s alleged accomplices, Kimberly Meeks and
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Wanda Duncan, to discover that Meeks allegedly
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would have testified that she did not know Ruffin
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and that she never rented a car with Duncan; and
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(5)
Grounds 11 and 12 in their entirety.
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The Court is endeavouring to issue an order on the remaining claims in the petition,
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including regarding the request for an evidentiary hearing, as promptly as possible, following
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upon the completion of the recent supplemental briefing.
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DATED: July 28, 2011.
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_________________________________
ROGER L. HUNT
United States District Judge
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