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Milke, et al v. Schriro
1) prisoner-death penalty
2) state
01/10/2007 02/07/2007
Prior Cases:
None
Current Cases:
None
Direct: 602-279-5900
Phoenix, AZ 85012-2002
Direct: 602-263-6312
Suite 800
Phoenix, AZ 85012
v.
DORA B. SCHRIRO
Respondent - Appellee Kent Ernest Cattani, Chief Counsel
Direct: 602-542-8551
Phoenix, AZ 85007
Direct: 602-542-8591
Phoenix, AZ 85007
Petitioner - Appellant
v.
DORA B. SCHRIRO,
Respondent - Appellee
05/23/2007 3 Filed Appellant Debra Jean Milke's Motion for Extension of Time
to File Aplt's Opening Brief; Served on 5/22/07. (DP-Staff/Atty)[07-99001]
[6183077] [07-99001] (PA)
05/29/2007 4 Filed order MOATT (ME) Appellant's motion to extend the time
to file the opening brief is granted. The opening brief is due 8/30/07. Aple's
answering brief is due 10/30/07. The optional reply brief, if any, is due within 21
days after service of the answering brief. (Phoned/Faxed/Served Csl) [07-99001]
(PA)
08/27/2007 6 Filed order MOATT (ME) Appellant's motion to extend the time
to October 30, 2007 to file the opening brief is granted. Appellee's answering brief
is due 12/28/07. The reply brief is due within 21 days after service of the
answering brief. Counsel are reminded to format the briefs as required by the
federal and local rules. See e.g. Ninth Circuit Rul 22-1(e)(f). [Faxed and Served
Csl] [07-99001] (PA)
11/20/2007 13 Filed order (Appellate Commissioner) The Clerk shall file aple's
response to aplt's motion for leave to fiel an oversize brief. A review of aplt's
proposed 34,091-word opening brief reveals that it may reasonably be shortened.
Accordingly, aplt's opposed motion to file an oversized brief is granted in part.
Within 21 days after the filing date of this order, aplt shall file an opening brief not
to exceed 32,00 words. Aple's answering brief, not to exceed 32,000 words, is due
2/11/08. The reply brief is due within 30 days after service of the answering brief.
(Faxed/Served Csl) [07-99001] (PA)
12/12/2007 16 Filed original and 15 copies Appellant Debra Jean Milke opening
brief ( Informal: n) of 133 pages or 31,947 words and five copies of excerpts of
record in 8 volumes; served on 12/11/07. [07-99001] (EU)
12/24/2007 23 Filed order MOATT (ME) The Arizona Civil Liberties Union's
motion for leave to appear as amicus curiae and file a brief in support of appellant
Milke is referred to the merits panel for disposition. [07-99001] (EU)
01/30/2008 26 Filed order (Deputy Clerk: EU) Aple's unopposed motion for a
thirty day extension of time to file the aple's brief is GRANTED. The aple's brief
and any supplemental excerpts of record is now due 3/12/08; the aplt's reply
optional reply brief, if any, may be filed 30 days from service of the aple's brief.
(phoned csl) [07-99001] (EU)
03/10/2008 27 Filed motion to extend time to file appellee brief until 03/25/2008
Served on 03/07/2008. (PA)
03/13/2008 28
1 pg, 23.34 KB Filed order MOATT: (pi) Granting Appellee Motion to extend time
to file appellee brief. Appellee Dora B. Schriro answering brief due 03/26/2008
Appellant's optional reply brief is due 21days after service of the answering brief..
(PA)
03/17/2008 29
1 pg, 23.46 KB Filed AMENDED order MOATT: (PI) Granting Appellee Motion
to extend time to file appellee brief.; Answering brief now due 03/26/2008
;Appellant's optional reply brief is due 30 days after service of the answering brief..
(PA)
03/27/2008 30 Filed Appellant Debra Jean Milke's motion for extension of time
to file aple's brief (until 3/27/08); Served on 03/26/08. (PA)
03/31/2008 32
1 pg, 23.23 KB Filed order MOATT: (pi) Aple's unopposed March 27, 2008
motion to extend the time to file the answering brief is granted. The Clerk's office
shall file the answering brief received on March 28, 2008. The reply brief is due
within 30 days after service of the answering brief. (PA)
04/14/2008 36
05/07/2008 37 Filed Appellant Debra Jean Milke's motion to extend time to file
reply brief until 06/13/2008. Served on 05/06/2008. (PA)
05/09/2008 38
1 pg, 22.75 KB Filed order MOATT: (ME) Granting Appellant 's Motion to extend
time to file reply brief until 6/13/08. (PA)
06/16/2008 40 Filed Appellant Debra Jean Milke's motion to Request for Oral
Argument. Served on 06/13/2008. (Dp-Staff/Atty) (PA)
06/16/2008 41 Filed original and 15 copies of Appellant Debra Jean Milke 's
reply brief of 44 pages or 9,799 words. Served on 06/13/2008. (RECORDS) (PA)
06/17/2008 42
1 pg, 22.94 KB Filed order MOATT: (pi) Appellant's motion to strike three
paragraphs of State's Answering Brief and Supplemental Excerpt of Record "S"
and any response or reply thereto, shall be referred tot he merits panel. (PA)
07/22/2008 46
5 pg, 113.07 KB Hearing Notice for AUGUST 20 2008 Calendar. Please return
ACKNOWLEDGEMENT OF HEARING NOTICE form to: PASADENA Office.
Attention: The Notice of Docket Activity may not list your case number. Please
open attached documents to view details about your case. [07-99001, 07-99003]
(AW)
07/24/2008 47 CJA travel authorization sent to Lori L. Voepel, Esq. for Debra
Jean Milke. Authorization number 9CJA07-990010808. (KB)
07/28/2008 50
1 pg, 29.26 KB Filed order (ALEX KOZINSKI, JEROME FARRIS and CARLOS
T. BEA) The Court grants a certificate of appealability as to the uncertified issue
raised in the opening brief. See AOB at 117–32; see also 9th Cir. R. 22-1(e).
Appellee shall file a supplemental answering brief addressing that issue by August
4, 2008. Such brief shall not exceed 7,000 words. Appellant’s supplemental reply
brief, not to exceed 3,500 words, is due by August 14, 2008.. (PA)
07/30/2008 72 Filed Attorney Ms. Lori Lea Voepel for Appellant Debra Jean
Milke motion for request to set capital case compensation. Served on 07/29/2008.
(TG)
08/04/2008 52 Filed original and 15 copies of Appellee Dora B. Schriro 's
supplmental brief of 9 pages or 1857 words. Served on 08/01/2008. (PANEL and
RECORDS UNIT) (PA)
08/05/2008 53
1 pg, 27.54 KB Filed order (ALEX KOZINSKI, JEROME FARRIS and CARLOS
T. BEA) The motions of the Center on Wrongful Convictions and the Arizona
Civil Liberties Union/Foundation to file amicus briefs are granted. (PA)
09/05/2008 61
2 pg, 33.82 KB Filed order (ALEX KOZINSKI, JEROME FARRIS and CARLOS
T. BEA) The parties are directed to file supplemental briefs addressing the
following question: What evidence is required to prove that a defendant’s waiver
of rights under Miranda v. Arizona, 384 U.S. 436 (1966), was made “voluntarily,
knowingly and intelligently,” see id. at 444–45, and is that burden met in this case?
See also Smith v. Illinois, 469 U.S. 91, 100 (1984) (“[A]n accused’s postrequest
responses to further interrogation may not be used to cast retrospective doubt on
the clarity of the initial request.”). Appellant’s brief shall be filed no later than 30
days from the filing of this order. Appellee’s brief shall be filed within 21 days
thereafter. Appellant may file a reply brief within 14 days after the filing of
appellee’s brief. Principal briefs may not exceed 5,000 words, and the optional
reply brief may not exceed 2,500 words. Submission is vacated, and the parties are
directed to initiate mediation with the Circuit Mediation Office by contacting Chief
Circuit Mediator Claudia Lynn Bernard at (415) 355-7908. The Clerk is directed to
send a copy of this order to all counsel of record, and to counsel for amici curae,
who are themselves invited to participate in the mediation. (PA)
09/16/2008 63 GTA bill reconciled for Michael D. Kimerer, Esquire for Debra
Jean Milke. Paid/Canceled: Paid. Authorization Number: 9CJA07-990010808.
(AC)
09/16/2008 64 GTA bill reconciled for Ms. Lori Lea Voepel for Debra Jean
Milke. Paid/Canceled: Paid. Authorization Number: 9CJA07-990010808. (AC)
09/16/2008 65
6 pg, 35.38 KB Filed (ECF) Appellant Debra Jean Milke reply to response
(Appellant Motion miscellaneous request, Response to Motion ). Date of service:
09/16/2008. [6647880] (LLV)
09/25/2008 68 CJA 21 travel voucher processed for Ms. Lori Lea Voepel for
Debra Jean Milke. CJA 21 Number: 082008. (MV)
09/25/2008 69 CJA 21 travel voucher processed for Michael D. Kimerer,
Esquire for Debra Jean Milke. CJA 21 Number: 082008. (MV)
09/25/2008 70
5 pg, 32.78 KB Filed (ECF) Appellant Debra Jean Milke Unopposed Motion to
extend time to comply with the order dated 09/05/2008. Date of service:
09/25/2008. [6656962] (LLV)
09/25/2008 71
09/29/2008 73
09/30/2008 74
10/10/2008 75
10/14/2008 76
1 pg, 27.14 KB Filed Supplemental Brief [6672691-2] filed by Debra Jean Milke
in 07-99001. Within 5 working days of the filing of this order, filer is ordered to
file 10 copies of the brief in paper format, with a Tan cover, accompanied by
certification that the brief is identical to the version submitted electronically. (PA)
10/24/2008 78
8 pg, 77.67 KB Filed order MEDIATION (bs): case selected for pre-briefing
mediation program. Telephone conference to be held on 10/28/2008 at 11:00 am
(Pacific StandardTime). (PA)
10/31/2008 80
11/19/2008 82
5 pg, 30.78 KB Filed (ECF) Appellant Debra Jean Milke Unopposed Motion to
extend time to file Supplemental brief until 12/01/2008. Date of service:
11/19/2008. [6712735] (LLV)
11/21/2008 83
1 pg, 27.12 KB Filed order (ALEX KOZINSKI) ; Appellant’s unopposed motion
for an extension of time is granted. The supplemental reply shall be filed no later
than December 1, 2008. (PA)
12/01/2008 84
12/02/2008 85
1 pg, 27.69 KB Filed Supplemental Brief [6723448-2] filed by Debra Jean Milke
in 07-99001. Within 5 working days of the filing of this order, filer is ordered to
file 10 copies of the brief in paper format, with a Tan cover, accompanied by
certification that the brief is identical to the version submitted electronically. (PA)
04/15/2009 87
04/15/2009 88
1 pg, 27.04 KB Case resubmitted on this date to AK, JF and CTB Order filed
04/15/2009 . (PA)
09/25/2009 89
2 pg, 381.15 KB Filed (ECF) Appellant Debra Jean Milke citation of supplemental
authorities. Date of service: 09/25/2009. [7075162] (MK)
09/28/2009 90
1 pg, 31.33 KB Filed order (ALEX KOZINSKI, JEROME FARRIS and CARLOS
T. BEA) A complete review of the record discloses no evidence supporting a
finding that petitioner voluntarily, knowingly and intelligently waived her rights
under Miranda v. Arizona, 384 U.S. 436, 444–45 (1966). See 28 U.S.C. § 2254(d)–
(e). Under these circumstances, an evidentiary hearing in federal court is required.
See Frantz v. Hazey, 533 F.3d 724, 745 (9th Cir. 2008) (en banc). We therefore
remand with instructions to conduct a limited hearing on the sole issue of whether
petitioner validly waived her Miranda rights; respondent shall have the burden of
proof. The district court must conduct the hearing and render its findings within 60
days of this order. [7076019] (PA)
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10/03/2009 18:44:52