Hessler v. Kenney

Filing 30

ORDER - The Court ORDERS both parties to file a status report regarding: (1) the status of Petitioner's state-court appeal; and (2) whether there is presently any reason not to lift the stay in this case. The parties shall file their status reports on or before January 4, 2017. The parties may file a joint status report. Ordered by Chief Judge David G. Kays. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEFFREY HESSLER,
Petitioner,
v.
SCOTT FRAKES, Director,
Nebraska Department of Correctional
Institutions,
Respondent.

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Case No. 8:14-cv-0357-DGK

ORDER
Respondent previously notified the Court that on October 28, 2016, the Nebraska
Supreme Court affirmed the denial of postconviction relief in State v. Hessler, a previous
conviction used as an aggravator factor in Defendant’s death penalty case. Respondent also
noted that the Nebraska Supreme Court had not yet issued its mandate. It is unclear to the Court
whether the mandate has since issued.
The Court ORDERS both parties to file a status report regarding: (1) the status of
Petitioner’s state-court appeal; and (2) whether there is presently any reason not to lift the stay in
this case. The parties shall file their status reports on or before January 4, 2017. The parties may
file a joint status report.
IT IS SO ORDERED.
Date: December 29, 2016

/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT