Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 1761 E. McNair Drive, Ste. 101 Tempe, Arizona 85283-5002 (480) 345-7032 State Bar No.: 009415 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) ) ) vs. ) ) TEDDY LEE LOWE, ) ) Defendant. ) ____________________________________) No. CR-04-487-PHX-ROS APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM

The application of the defendant, Teddy Lee Lowe, respectfully shows that Lita Yvonne Young is committed by due process of law in the custody of Federal Bureau of Prisons, that it is necessary that Lita Yvonne Young be temporarily released under a Writ of Habeas Corpus Ad Testificandum so that she may be present before the United States District Court for the District of Arizona at Phoenix, Arizona, on January 9, 2006, at the hour of 10:30 A.M., for testimony and any further proceedings, until excused by the said Court. That the presence of Lita Yvonne Young before the United States District Court on or about January 9, 2006, at the hour of 10:30 A.M., and any further proceedings, until excused by the Court is necessary to a fair sentencing in this case, as Lita Yvonne Young is a material witness to the events underlying the charges in this case, and would be expected to provide crucial exculpatory evidence that could not be offered by another witness more readily available.

Case 2:04-cr-00487-ROS

Document 139

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Filed 11/17/2005

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WHEREFORE, applicant respectfully prays that a Writ of Habeas Corpus Ad Testificandum be issued out of this Court, directed to the Warden of FCI Dublin Federal Correctional Institution at 5701 8th Street--Camp Parks, Dublin, California, 94568, and to the United States Marshals Service, commanding them to produce Lita Yvonne Young before the United States District Court at Phoenix, Arizona, at such times and places as may be ordered and directed by the Court entitled above, to appear before the Court, and when excused by the said Court, to be returned to the custody of the Federal Bureau of Prisons. RESPECTFULLY SUBMITTED this 17th day of November, 2005 by MICHAEL J. BRESNEHAN, P.C.

s/ Michael J. Bresnehan Attorney for Defendant

CERTIFICATE OF SERVICE I hereby certify that on November 17, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Bill Solomon, Esq. Assistant U.S. Attorney Philip A. Seplow, Esq. Attorney for Lita Yvonne Young I hereby certify that on November 17, 2005, I served the attached document by MAIL on the following, who are not registered participants of the CM/ECF System: Teddy Lee Lowe Defendant By: s/ Michael J. Bresnehan

Case 2:04-cr-00487-ROS

Document 139

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Filed 11/17/2005

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