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

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Gary T. Lowenthal ­ California Bar No. 46923 [email protected] 1490 Camino Corrales Santa Fe, NM 87505 Douglas Gerlach ­ Arizona Bar No. 06869 [email protected] JENNINGS, STROUSS & SALMON, P.L.C. A Professional Limited Liability Company The Collier Center, 11th Floor 201 E. Washington Street Phoenix, Arizona 85004-2385 Telephone: (602) 262-5911 Attorneys for Petitioner UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

STEVEN CRAIG JAMES, Petitioner, vs. DORA B. SCHRIRO, et al., Respondents.

No. CV 00-1118-PHX-NVW DEATH PENALTY CASE MOTION FOR LAW STUDENT FUNDING

Pursuant to the Court's June 13, 2000, Ex Parte Order (at para. 7) (approving use of law clerks), 18 U.S.C. §3006(A) and 21 U.S.C. §848(q)(9), Petitioner requests the Court to authorize the employment and compensation of two law students to assist in the preparation of his Reply brief, which is to be filed by February 15, 2008. On September 22, 2006, the Court authorized Petitioner to employ two law students at the rate of $25 per hour to assist in the preparation of Petitioner's Merits Memorandum. On April 16, 2007, the Court authorized the expenditure of $7,594 to compensate the two students for their assistance on the Merits Memorandum. Petitioner

3115388v1(52805.1)

Case 2:00-cv-01118-NVW

Document 136

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now requests permission to employ the same two student research assistants, at the rate of $25 per hour, to assist in the preparation of his Reply brief. Petitioner contemplates that each student will assist counsel for six weeks, working twenty hours per week. The requested compensation will not exceed $6,000 (240 hours at $25 per hour). The two students will provide cost-effective assistance. They are already familiar with the issues in Petitioner's case, and they will conduct research and writing that otherwise would be performed by counsel. More specifically, a significant amount of the State' response deals with our requests for evidentiary development. The two students s will be needed to research these issues, as well as the State' arguments on the merits of s our claims relating to Brady, James' confession, and ineffective assistance of counsel at s both trial and sentencing. January 2, 2008. Gary T. Lowenthal 1490 Camino Corrales Santa Fe, NM 87505 Douglas Gerlach JENNINGS, STROUSS & SALMON, P.L.C. The Collier Center, 11th Floor 201 E. Washington Street Phoenix, AZ 85004-2385 Attorneys for Petitioner

By

/s/ Douglas Gerlach Attorneys for Petitioner

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CERTIFICATE OF SERVICE I hereby certify that on January 2, 2008, I electronically transmitted this Motion for Law Student Funding 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: Robert John Gorman Office of the Attorney General Criminal Appeals Section 400 W. Congress, Suite 315 Tucson, AZ 85701-1367 [email protected] Attorney for Respondents and copy mailed to: The Honorable Neil V. Wake Judge, United States District Court United States District Court 401 West Washington Phoenix, AZ 85003 /s/ Denise L. Christiansen

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Case 2:00-cv-01118-NVW Document 136 Filed 01/02/2008 Page 3 of 3