| ~~Date~~~~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| Aug 13 2001 | Petition for writ of certiorari filed. (Response due September 26, |
| | 2001) |
| Sep 26 2001 | Brief of respondent Robert Douglas Smith in opposition filed. |
| Sep 26 2001 | Motion of respondent for leave to proceed in forma pauperis filed. |
| Sep 26 2001 | Motion of Criminal Justice Legal Foundation for leave to file a |
| | brief as amicus curiae filed. |
| Oct 10 2001 | DISTRIBUTED for Conference of October 26, 2001 |
| Oct 10 2001 | Reply brief of petitioner Terry L. Stewart filed. |
| Oct 24 2001 | Record requested. |
| Nov 9 2001 | Record filed. |
| Nov 14 2001 | REDISTRIBUTED for Conference of November 30, 2001 |
| Nov 21 2001 | Record filed. |
| Dec 3 2001 | REDISTRIBUTED for Conference of December 7, 2001 |
| Dec 12 2001 | Motion of respondent for leave to proceed in forma pauperis |
| | GRANTED. |
| Dec 12 2001 | Motion of Criminal Justice Legal Foundation for leave to file a |
| | brief as amicus curiae GRANTED. |
| Dec 12 2001 | Petition GRANTED. Question certified to the Supreme Court of |
| | Arizona. Judgment and further proceedings reserved pending receipt |
| | of response from the Supreme Court of Arizona. Opinion per curiam. |
| | (Detached opinion.) |
| | ******************************************************** |
| Dec 12 2001 | The following certified question to the Supreme Court of Arizona: |
| | At the time of respondent's third Rule 32 petition in 1995, did |
| | the question whether an asserted claim was of "sufficient |
| | constitutional magnitude" to require a knowing, voluntary and |
| | intelligent waiver for purposes of Rule 32.2(a)(3), see Ariz. Rule |
| | Crim. Proc. 32.2(a)(3), comment (West 2000), depend upon the |
| | merits of the particular claim, see State v. French, 198 Ariz. |
| | App. 119, 121-122, 7 P. 3d 128, 130-131 (2000); State v. Curtis, |
| | 185 Ariz. App. 112, 115, 912 P. 2d 1341, 1344 (1995), or merely |
| | upon the particular right alleged to have been violated, see State |
| | v. Espinosa, 200 Ariz. App. 503, 505 29 P. 3d 278, 280 (2001)? |
| Dec 12 2001 | CERTIFIED QUESTION ISSUED to Supreme Court of Arizona with |
| | complete records from United States Court of Appeals for the Ninth |
| | Circuit and from the United States District Court for the District |
| | of Arizona. (1-envelope and 6-boxes). Also copies of certified |
| | copy mailed to the USCA for the Ninth Circuit, USDC for the |
| | District of Arizona and all counsel of record in this case. |
| Jun 14 2002 | Answer to certified question filed. |
| Jun 17 2002 | Motion (Answer to Certified Question) DISTRIBUTED. June 20, 2002 |
| | (Page 18) |
| Jun 18 2002 | Certified record received back from Supreme Court of Arizona (6 |
| | boxes). |
| Jun 24 2002 | Motion (Answer To Certified Question) REDISTRIBUTED. June 27, 2002 |
| | (Page 22) |
| Jun 28 2002 | Adjudged to be REVERSED and REMANDED Opinion per curiam. (Detached |
| | opinion.) |
| Jul 23 2002 | Petition for rehearing filed. |
| Jul 29 2002 | JUDGMENT ISSUED. |
| Jul 30 2002 | Judgment recalled. |
| Jul 31 2002 | Record returned to the USDC Disrict of Arizona. |
| Jul 31 2002 | Record returned to the USCA 9th Circuit. |
| Aug 2 2002 | DISTRIBUTED. |
| Aug 5 2002 | Acknowledgement of receipt of recall of judgment received by the |
| | Supreme Court of Arizona. Verified receipt with United States |
| | Court of Appeals for the Ninth Circuit verbally. (08/20/02) |
| Aug 26 2002 | Rehearing DENIED. |
| Aug 26 2002 | |
| | JUDGMENT ISSUED. |
| | |