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ORBE v. TRUE

No. CIV.A.01-1845-A.

201 F.Supp.2d 671 (2002)

Dennis Mitchell ORBE, Petitioner, v. William Page TRUE, Warden, Sussex I State Prison, Respondent.

United States District Court, E.D. Virginia, Alexandria Division.

April 22, 2002.

Attorney(s) appearing for the Case

Robert Lee Jenkins, Jr., Bynum & Jenkins, P.L.L.C., Alexandria, VA, Michelle Jill Brace, Virginia Capital Representation Res. Ctr., Charlottesville, VA, for Petitioner.

Katherine Pharis Baldwin, Office of the Attorney General, Richmond, VA, for Respondent.

MEMORANDUM OPINION

ELLIS, District Judge.

Petitioner, whose death sentence has been stayed to allow him the opportunity to petition for a writ of habeas corpus, has filed two prepetition motions: (1) a motion seeking an order preserving all evidence relating to petitioner's conviction and sentence, and (2) a motion seeking discovery in the form of depositions of the jurors who convicted petitioner. These motions present the following questions:

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