CELAYA v. STEWART

No. CV 01-622-TUC-DCB.

691 F.Supp.2d 1046 (2010)

Gina Gail CELAYA, Petitioner, v. Terry STEWART, et al., Respondents.

United States District Court, D. Arizona.

February 25, 2010.


Attorney(s) appearing for the Case

Walter B. Nash, III, William James Kirchner, Nash & Kirchner PC, Tucson, AZ, for Petitioner.


ORDER

DAVID C. BURY, District Judge.

The Court dismisses grounds two and three, and grants habeas relief on ground one of the Second Amended Petition. Respondents shall release Petitioner from custody unless, within days, retrial proceedings are commenced.

BACKGROUND

During the late night hours of December 21, 1992, Petitioner Celaya shot Trinidad Lopez, age 51. He died. She was years...

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