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ISSA v. BRADSHAW

United States District Court, S.D. Ohio, Western Division at Dayton
Feb 8, 2006
Case No. 1:03-cv-280 (S.D. Ohio Feb. 8, 2006)

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.


Summaries of

ISSA v. BRADSHAW

United States District Court, S.D. Ohio, Western Division at Dayton
Feb 8, 2006
Case No. 1:03-cv-280 (S.D. Ohio Feb. 8, 2006)
Case details for

ISSA v. BRADSHAW

Case Details

Full title:AHMED FAWZI ISSA, Petitioner, v. MARGARET BRADSHAW, Warden, Respondent

Court:United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Feb 8, 2006

Citations

Case No. 1:03-cv-280 (S.D. Ohio Feb. 8, 2006)