GERLAUGH v. STEWART

No. 99-CV-0210-PHX-RGS.

35 F.Supp.2d 1163 (1999)

Darick Leonard GERLAUGH, Petitioner, v. Terry L. STEWART, et al., Respondents.

United States District Court, D. Arizona.

February 2, 1999.


Attorney(s) appearing for the Case

Martin Lieberman, Phoenix, AZ, Tonya McMath, Phoenix, AZ, for Petitioner.

Janet Napolitano, Atty. Gen. by Pam McMurdie, Asst. Atty. Gen., Phoenix, AZ, for respondents.


ORDER

STRAND, District Judge.

Petitioner is scheduled to be executed by the State of Arizona on February 3, 1999. On February 2, 1999, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (File doc. 1). Petitioner alleges that execution after almost 18 years on death row constitutes cruel and unusual punishment in violation of the Eighth Amendment. Respondents have filed a response and Petitioner has filed a reply. For...

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