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

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FILED LODGED
1 LAWOFFICES OF MICHAEL .L BRESNEHAM P. C. RECEIVED "
Michael J, Bresnehan, Esquire _" —— COPY
2 1761 East McNair Drive, Suite 101 A
Tempe, AZ 85283-5002 UG 3 0 ZUU5
3 480-345-7032
[email protected] C[`E;i?§Tg|gTD§gH1CT COURT
4 State Bar No.: 009415 BY M,. ARIZONA-
. . . . 5 Se rv
5 Attorney for Defendant
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7 IN THE UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
9 United States of America, Case No.: CR-04-487—PHX—ROS
Pl ` t`ff§
10 am 1 APPLICATION Fon wnrr
OF HABEAS CORPUS
11 VS- AD TESTIFICANDUM
12 TEDDY LEE LOWE,
Defendant.
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15 The application of the defendant, Teddy Lee Lowe, respectfully shows that Lita Yvonne
16 Young is committed by due process of law in the custody of Federal Bureau of Prisons, that it is
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necessary that Lita Yvonne Young be temporarily released under a Writ of Habeas Corpus Ad
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19 Testificandum so that she may be present before the United States District Court for the District of
20 Arizona at Phoenix, Arizona, on October 4, 2005, at the hour of 8:00 A.M., for testimony and any
21 further proceedings, until excused by the said Court.
22 That the presence of Lita Yvonne Young before the United States District Court on or about
23 October 4, 2005, at the hour of 8:00 A.M., and any further proceedings, until excused by the Court
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is necessary to a fair trial in this case, as Lita Yvonne Young is a material witness to the events
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26 underlying the charges in this case, and would be expected to provide crucial exculpatory evidence
27 that could not be offered by another witness more readily available. C
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Case 2:04-cr-00487-ROS Document 118 Filed 08/30/2005 Page 1 of 2

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1 WI—IEREFOR.E, applicant respectfully prays that a Writ of Habeas Corpus Ad Testificandum
2 be issued out of this Court, directed to the Warden of FCI Dublin Federal Correctional Institution at
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5701 8th Street- Camp Parks, Dublin, California, 94568, and to the United States Marshals Service,
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5 commanding them to produce Lita Yvonne Young before the United States District Court at
6 Phoenix, Arizona, at such times and places as may be ordered and directed by the Court entitled
7 above, to appear before the Court, and when excused by the said Court, to be returned to the
8 custody of the Federal Bureau of Prisons.
9 RESPECTFULLY SUBMITTED this 30°h day of August, 2005 by
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11 MICHAEL .L BRESNEHAM P. C.
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14 Michael]. ehan
15 Attomey for Defendant
16 Copy ofthe foregoing delivered
17 this 30th day of August, 2005, to:
Honorable Roslyn O. Silver
18 United States District Judge
1 Sandra Day O’Com1or U.S. Cotuthouse, Suite 624
9 401 West Washington St., SPC59
20 Phoenix, AZ 85003-2158
21 Bill Solomon, Esq.
Assistant U.S. Attorney
22 Two Renaissance Square
40 N. Central, Suite 1200
23 Phoenix, Arizona 85004-4408
24 Teddy Lee Lowe
Defendant
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26 By.'1 .,.-··"
27 Michael J resnehan
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Case 2:04-cr-00487-ROS Document 118 2 Filed 08/30/2005 Page 2 of 2

Case 2:04-cr-00487-ROS

Document 118

Filed 08/30/2005

Page 1 of 2

Case 2:04-cr-00487-ROS

Document 118

Filed 08/30/2005

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