Free Motion for Extension of Time - District Court of Arizona - Arizona

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Jon M. Sands Federal Public Defender Michael L. Burke Assistant Federal Public Defender 850 West Adams Street, Suite 201 Phoenix, Arizona 85007 [email protected] Arizona Bar No. 013173 602.382.2816 602.889.3960 facsimile Counsel for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Robert Allen Poyson, Petitioner, vs. Dora Schriro, et al., Respondents. No. CIV-04-0534-PHX-NVW Petitioner's Motion for Extension of Time to File Replies to Respondent's Responses to Evidentiary Motions (First Request) Death Penalty Case Petitioner Robert Allen Poyson, through undersigned counsel, respectfully requests a one-week extension of time in which to file his replies to Respondents' responses to (1) Petitioner's Motion for Discovery and Evidentiary Hearing, and (2) Petitioner's First Motion to Expand the Record pursuant to Rule 7 of the Rules Governing Habeas Corpus Cases under Section 2254. Petitioner's replies are currently due on November 1, 2005. If the extension of time is granted, the replies will be due on November 8, 2005. This is Petitioner's first request for an extension of time in which to file his replies. Assistant Attorney General J.D. Nielsen, counsel for Respondents, does not oppose the requested extension. As is explained in the accompanying Memorandum in Support, this motion is made in good faith and not for purposes of delay.

Case 2:04-cv-00534-NVW

Document 49

Filed 10/26/2005

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Respectfully submitted this 26th day of October, 2005. Jon M. Sands Federal Public Defender Michael L. Burke

s/ Michael L. Burke Counsel for Petitioner Certificate of Service I hereby certify that on October 26, 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: J.D. Nielsen Assistant Attorney General Attorney General's Office

s/ Jennifer A. Cody Jennifer A. Cody Senior Legal Secretary Capital Habeas Unit
I:\Burke\2_Open Cases\Poyson\motion_extend_replies_discovery.wpd

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Case 2:04-cv-00534-NVW Document 49 Filed 10/26/2005 Page 2 of 4

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Jon M. Sands Federal Public Defender Michael L. Burke Assistant Federal Public Defender 850 West Adams Street, Suite 201 Phoenix, Arizona 85007 [email protected] Arizona Bar No. 013173 602.382.2816 602.889.3960 facsimile Counsel for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Robert Allen Poyson, Petitioner, vs. Dora Schriro, et al., Respondents. No. CIV-04-0534-PHX-NVW Memorandum in Support of Petitioner's Motion for Extension of Time to File Replies to Respondent's Responses to Evidentiary Motions (First Request) Death Penalty Case Petitioner requests a one-week extension of time in which to file his replies to Respondents' response to (1) Petitioner's Motion for Discovery and Evidentiary Hearing, and (2) Petitioner's First Motion to Expand the Record pursuant to Rule 7 of the Rules Governing Habeas Corpus Cases under Section 2254. Counsel will be unable to complete the replies before the current deadline of November 1, 2005.1 Undersigned counsel is lead counsel in State v. Rudi Apelt, CR 14946 (Pinal County), a capital case involving a claim for relief under Atkins v. Virginia, 536 U.S. 304

Undersigned counsel is the only attorney assigned to Petitioner's case and therefore cannot seek the assistance of co-counsel in completing these replies by the current deadline. 3
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(2002).2 For the past several weeks, undersigned counsel has been conducting interviews of the state's witnesses in preparation for an upcoming evidentiary hearing. These interviews, and the preparation they entail, have consumed much of counsel's time. (For example, interviews of six of the state's witnesses have been scheduled for the week of October 24 through 28.) In addition, undersigned counsel will be meeting with an expert retained in another capital case on Sunday, October 30, and Monday, October 31, thus preventing him from working on the replies in this case. Further, since October 17, 2005 (the date on which Respondents filed their responses), undersigned counsel has been out of the office for two days to attend an oral argument before the United States Court of Appeals for the Ninth Circuit in a non-capital habeas case and for one day to attend a continuing education seminar. For these reasons, Petitioner respectfully requests a one-week extension of time in which to file his replies. Respectfully submitted this 26th day of October, 2005. Jon M. Sands Federal Public Defender Michael L. Burke s/ Michael L. Burke Counsel for Petitioner

The Office of the Federal Public Defender is representing Rudi Apelt in his state court proceeding pursuant to an order of the United States District Court expressly authorizing it to do so. 4
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