United States Ex Rel. Maxwell v. Gilmore

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Andrew Maxwell (“Maxwell”) has filed a 28 U.S.C. § 2254 (“Section 2254”) petition for a writ of habeas corpus (“Petition”). Maxwell challenges both his murder conviction and the consequent death sentence and seeks an evidentiary hearing to consider that challenge. For the reasons stated hereafter, this Court denies the Petition in principal part but grants certain aspects of Maxwell’s requests for an evidentiary hearing and for the opportunity to conduct discovery.

Facts

Under Section 2254(e)(1) 1 the state court’s findings of fact are…