Dizak v. McAuliffe

Filing 30

DECISION AND ORDER denying petitioner's 17 Motion for Reconsideration; FURTHER, Grounds One, Three, and Four of the petition are dismissed as time barred and the petition is denied in all respects; FURTHER, petitioner's 29 motion for an evidentiary hearing and to appoint counsel is denied; FURTHER, that a certificate of appealability is denied; FURTHER, that leave to appeal in forma pauperis is denied. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 5/10/2017. (Attachments: # 1 Transcript Page 518) (Chambers mailed a copy of this Decision and Order to petitioner). (CMD)-CLERK TO FOLLOW UP-

PEOPLE -VS- STUART DIZAK

518

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the verdict.

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who would express a response to the verdict, to

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the jury's decision, I would ask that you step

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out so that does not occur in the presence of the

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jury.

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expression or outburst.

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outside, that's fine.

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somewhat emotional for some people.

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to wait outside I would ask our deputy to let

If there is anyone in the courtroom

The deputy will remove you if there is any
I understand this may be

Okay.

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We are all set.

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COURT DEPUTY:

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THE COURT:

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The alternates, as well?

Yes.

Let them hear the

verdict.

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IC
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d.

Bring the jury out

and we will receive the verdict.

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...

If you prefer

you know the verdict right away.

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::.

If you prefer to wait

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(WHEREUPON THE JURY ENTERED THE COURTROOM AT APPROXIMATELY

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1: 35 PM)

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THE COURT:

Ladies and gentlemen, you may

We are just going to wait for the

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be seated.

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alternates so they can participate in the verdict.

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I assume they are on their way.

LL

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(WHEREUPON THE ALTERNATE JURORS ENTERED·THE COURTROOM AT

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APPROXIMATELY 1:35 PM)

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THE COURT:

The alternates have joined

us so they may also hear the verdict.

Go ahead.