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Arroyo v. Pryor

United States District Court, D. Kansas

September 5, 2017

MARTIN VASQUEZ ARROYO, Petitioner,
v.
REX PRYOR, Respondent.

          MEMORANDUM AND ORDER

          SAM A. CROW U.S. Senior District Judge.

         This matter is a consolidated action arising from three habeas corpus petitions filed under 28 U.S.C. § 2254 by the petitioner.

         By its order entered on September 29, 2016, the Court dismissed petitioner's claims of actual innocence and directed him to file an amended petition that contained only claims that had been exhausted by presentation to the highest state court (Doc. #8). The matter is now before the Court on the amended petition (Doc. #9), two supplements to the petition (Docs. #10 and #16), and five motions for court orders (Docs. #11, #12, #13, #14, and #15).

         Background

         Petitioner was convicted of three counts of first-degree murder, one count of aggravated robbery, one count of felony theft, and two counts of misdemeanor theft. State v. Vasquez, 194 P.3d 563 (Kan. 2008).

         He sought relief both by a direct appeal, id., and in an action filed under K.S.A. 60-1507. Vasquez v. State, 331 P.3d 833 (Table), 2014 WL 4080025 (Aug. 15, 2014), rev. denied, July 21, 2015.

         The case against petitioner was circumstantial but compelling. The Kansas Supreme Court summarized the case as follows:

On December 12, 1998, the bodies of Vasquez' wife Robin; Robin's father, Howard Franks; and Tom Dinkel were discovered in Robin's home in Kinsley, Kansas. Each victim had been incapacitated by blows or gunshots, then executed by means of a final gunshot. Investigators recovered 9 mm bullet casings at the scene, and 9 mm bullets were recovered from the bodies. ‘Robin I Love You' was written on a wall at the scene. Although Dinkel's truck had been parked in the driveway in front of Robin's house the night before, it was no longer there the morning the bodies were found.
Mike Sebes, who had employed Vasquez, discovered that his 9 mm Firestar handgun was gone when he looked for it on December 14.
Dinkel's truck was found in Juarez, Mexico, in late December 1998. Dinkel's wallet was discovered along Highway 183 south of Kinsley in February 1999. Sebes' 9 mm Firestar was found in El Paso, Texas, in late December 2002.
[…]
Vasquez was arrested in Mexico on September 3, 2003; gave statements to police; and made his first appearance before the district court on October 19, 2004.
[…]
At trial, the State's evidence covered the following ...

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