Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Champa v. Ryan

United States District Court, D. Arizona

May 9, 2016

Derrick Samuel Champa, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

ORDER

Roslyn O. Silver Senior United States District Judge

Magistrate Judge James F. Metcalf concluded Petitioner Derrick Samuel Champa’s petition for a writ of habeas corpus should be denied because it is barred by the applicable statute of limitations. Champa disagrees and argues he is actually innocent of one of the charges such that the statute of limitations should not bar review of his claims. The Magistrate Judge’s analysis will be adopted with one exception explained below.

In 2004, Champa was indicted on one charge of conspiracy to commit murder and one charge of attempted first degree murder. (Doc. 12-1 at 4). An amended indictment charged Champa with one count of conspiracy and three counts of attempted first degree murder, one count for each of Champa’s alleged victims. (Doc. 12-1 at 8). These charges stemmed from Champa attempted to hire an individual, who was actually an undercover police officer, to kill three people. The transcript of the first conversation between Champa and the officer included a clear indication Champa was attempting to kill three people, a father and his two sons:

Officer: All right now we got that out of the way. I hear you have something you want taken care of.
Champa: Yes. Um, couple guys, um basically three guys, two that could be a ways from now, 6, 8, 9, 10 months, a year.

(Doc. 12-1 at 19).

The conversation then continued with Champa and the officer agreeing that one of the sons would be the first to be killed. In a later conversation Champa changed his mind about the order in which the sons should be killed. During that conversation, the officer asked about the father:

Officer: Okay. And then we’ve got uh J., is that the father?
Champa: Yeah. I’m hopin he kind of dies with what happens with those guys (laughing).
Officer: Okay okay.
Champa: still laughing Champa: You know.
Officer: The shock of these two?
Champa: Yeah. I hope. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.