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Thread: Michael Apelt - Arizona Death Row

  1. #1
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    Michael Apelt - Arizona Death Row


    Cynthia Monkman








    Facts of the Crime:

    Michael Apelt and his brother, Rudi, came to Arizona from West Germany and began "courting" numerous women. Michael eventually met Cynthia Monkman and married her in October 1988. One month later, Michael applied for $400,000 in life insurance on Cynthia. The policies became effective on December 22, 1988. On the night of December 23, Michael and Rudi took Cynthia into the desert near Apache Junction and killed her by stabbing her numerous times in the chest and back and cutting her throat. Michael and Rudi returned to Mesa and, in the early morning hours of December 24, Michael called the police and reported that Cynthia had disappeared. Her body was found in the desert later that day. Michael Apelt was tried separately and was convicted of first-degree murder, and sentenced to death.

    Michael Apelt was sentenced to death on August 10, 1990.

    For more on Rudi Apelt, see: http://www.cncpunishment.com/forums/...9971#post39971

  2. #2
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    No. 09-11058 *** CAPITAL CASE ***
    Title:
    Michael Apelt, Petitioner
    v.
    Arizona
    Docketed: May 27, 2010
    Lower Ct: Superior Court of Arizona, Pinal County
    Case Nos.: (CR 14946)
    Decision Date: May 19, 2009
    Discretionary Court
    Decision Date: March 2, 2010

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    May 24 2010 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2010)
    Jun 23 2010 Brief of respondent Arizona in opposition filed.
    Jul 7 2010 Reply of petitioner Michael Apelt filed. (Distributed)
    Jul 8 2010 DISTRIBUTED for Conference of September 27, 2010.
    Oct 4 2010 Petition DENIED.

    http://www.supremecourt.gov/Search.a...s/09-11058.htm

  3. #3
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    June 9, 2010

    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF ARIZONA

    Petitioner,

    Charles L. Ryan, et al.,

    No. CV-98-0882-PHX-ROS

    DEATH PENALTY CASE

    ORDER VACATING STAY AND
    SETTING CASE MANAGEMENT
    DEADLINES

    Respondents.

    The Court has reviewed the current partial stay of these proceedings, is vacating that stay, and issuing this Case Management Order based on the following. On September 26, 2002, this Court stayed Petitioner’s sentencing-related claims pending his state court litigation regarding the application to his capital sentence of Ring v. Arizona, 536 U.S. 584 (2002), and Atkins v. Virginia, 536 U.S. 304 (2002). In Summerlin v. Schriro, 542 U.S. 348 (2004), the Supreme Court determined that Ring does not apply retroactively to cases, such as Petitioner’s, on collateral review. Petitioner has been in state court proceedings litigating his Atkins claim, which included an evidentiary hearing. During the stay, Petitioner has been required to and filed status reports with this Court updating the progress of his state-court proceedings. The state court proceedings regarding his Atkins claim are now concluded. Therefore, the stay of Petitioner’s sentencing related claims is ready to be lifted.......(edit)

    http://docs.justia.com/cases/federal...882/96153/239/

  4. #4
    Does anybody know the current appeal status of Michael Apelt because the last documents I found where a few years old?

  5. #5
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    He's still in Federal District Court on habeas appeal.

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    On August 9, 2017, oral argument will be heard in Apelt's and the State of Arizona's appeal before the US Court of Appeals for the Ninth Circuit.

    https://www.ca9.uscourts.gov/calenda...7-11&year=2017

  7. #7
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    Apelt's panel will be made up of Judges Farris (Carter), Callahan (G.W. Bush) and Owens (Obama).

    https://www.ca9.uscourts.gov/calenda...8-31&year=2017

  8. #8
    Senior Member CnCP Legend Mike's Avatar
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    Appeal denied for death row inmate convicted of killing wife

    PHOENIX (AP) — A federal appeals court has denied an Arizona death row inmate's appeal convicted of killing his wife, overturning a lower court's ruling that the man received ineffective assistance of counsel.

    A ruling Thursday by a three-judge panel of the 9th U.S. Circuit Court of Appeals says Michael Apelt's defense was deficient but that Arizona courts' findings that the deficiency didn't harm Apelt's defense weren't unreasonable.

    Apelt and his brother, Rudi, were convicted of killing Michael's U.S.-born wife in 1988 in Pinal County in hopes of cashing in on a $400,000 insurance policy. Rudi is serving a life term.

    The brothers are German nationals who had received arrived in the United States when the killing occurred.

    http://www.mcclatchydc.com/news/poli...192098824.html

  9. #9
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    In today's opinions, the Ninth Circuit DENIED Apelt's petition for en banc rehearing.

    http://cdn.ca9.uscourts.gov/datastor...1/15-99013.pdf

  10. #10
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    In today's United States Supreme Court orders, Apelt's petition for writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Numbers: (15-99013, 15-99015)
    Decision Date: December 28, 2017
    Rehearing Denied: October 11, 2018

    https://www.supremecourt.gov/search....c/18-8386.html

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