Free Motion to Withdraw - District Court of Arizona - Arizona

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TERRY GODDARD ATTORNEY GENERAL (FIRM STATE BAR NO. 14000) ROBERT A. WALSH ASSISTANT ATTORNEY GENERAL CRIMINAL APPEALS SECTION 1275 W. WASHINGTON PHOENIX, ARIZONA 85007B2997 [email protected] TELEPHONE: (602) 542B4686 (STATE BAR NUMBER 016071) ATTORNEYS FOR RESPONDENTS

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
ROBERT L. JARAMILLO,
Petitioner,

CIV 00­936­PHX­SMM RESPONDENTS' MOTION TO WITHDRAW EXHIBITS AND RESPONSE TO PETITIONER'S REQUEST TO WITHDRAW WRITS OF HABEAS CORPUS AD TESTIFICANDUM

-vsDORA B. SCHRIRO, et al.,
Respondents.

Respondents, by and through undersigned counsel, hereby move to withdraw

18 the following exhibits listed in the parties' joint notice of exhibits (Docket No. 164; 19 Exhibit B), in light of: (1) this Court's rulings on Respondents' motions-in-limine 20 (Docket Nos. 70, 92, 93, 111-15), issued on Friday, August 5, 2005; and (2) 21 Petitioner's recent decision not to call Lino Flores and Larry Joseph Prince at the 22 scheduled evidentiary hearing (Docket No. 168): 23 Respondents' Exhibits 50-57, 59a-d, 60, 61b, 62, 62a, 62b, 65b, 66, 93, and 96-101.1 24 25 ________________________ 26 Although this Court ruled that Respondents may not introduce evidence of Petitioner's assault of Lieutenant Coonts on May 30, 1983, pursuant to Federal 27 Rule of Evidence 403, to rebut his self-defense claim (Order, dated August 5, 2005, 28
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Respondents do not oppose Petitioner's request to withdraw the writs of

2 habeas corpus ad testificandum for inmates Larry Joseph Prince and Lino Flores. 3 In the event that Petitioner elects to call either witness with this Court's leave, 4 Respondents would rescind their present motion to withdraw exhibits and move the 5 admission of the exhibits concerning Mr. Flores (Respondents' Exhibits 50-57, 60, 6 and 60a) and Mr. Prince (Respondents' Exhibit 96). 7 8 9 10 11 12 13 14 15
S/

DATED this 9th day of August, 2005.
RESPECTFULLY SUBMITTED, TERRY GODDARD ATTORNEY GENERAL

ROBERT A. WALSH
ASSISTANT ATTORNEY GENERAL ATTORNEYS FOR RESPONDENTS

Copies of the foregoing were deposited for mailing 16 this 2nd day of August, 2005 to: 17 KEN MURRAY 18 Office of the Federal Public Defender 19 850 West Adams Street, Suite 201 Phoenix, Arizona 85007 20 Attorney for Petitioner 21 s 22 SHIRLEY HOUSE 23 CRM61-041 122223 24 ________________________
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25 at 15), Respondents will request this Court's leave to admit Exhibit 67, a packet of reports memorializing the incident, for the limited purpose of demonstrating 26 A.D.O.C.'s practice and policy to provide medical care to obviously injured inmates. Respondents shall set forth their argument in full at the pending status 27 conference, scheduled on Thursday, August 11, 2005. 28
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