Opinion
Case No. 1:03-cv-280.
February 8, 2006
DECISION AND ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION TO TAKE PERPETUATION DEPOSITION
This capital habeas corpus case is before the Court on Petitioner's Motion to Take the Perpetuation Deposition of Bobbie Foreman Issa (Doc. No. 98). The Motion does not reflect compliance with S.D. Ohio Civ. R. 7.3. More importantly, it does not reflect whether an attempt has been made to have the witness appear voluntarily at the evidentiary hearing. Having her here in person would allow the Court to observe the usual in-person indicia of credibility and would involve no more expense than having Petitioner's counsel travel to Florida to take the deposition. If the witness declines to travel to Ohio voluntarily and at court expense, the Court will allow the perpetuation deposition.