John Oliver Snow vs E.K. McDaniel, et al (DEATH PENALTY)

Filing 199

ORDER: Respondents must file with 10 days of this order, as exhibits, copies of the transcripts of the jury selection. Signed by Judge Miranda M. Du on 9/8/2015. (Copies have been distributed pursuant to the NEF - DC)

1
2
3
4
5
UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8
9
10

JOHN OLIVER SNOW,

Case No. 2:03-cv-00292-MMD-CWH
Petitioner,

ORDER

v.

11
12
13

RENEE BAKER, et al.,
Respondents.

14
15

In this capital habeas corpus case, the parties have fully briefed the merits of the

16

remaining claims of the petitioner, John Oliver Snow. See Second Amended Petition for

17

Writ of Habeas Corpus (dkt. no. 137); Order entered September 12, 2013 (dkt. no. 173);

18

Order entered November 5, 2013 (dkt. no. 177); Answer (dkt. no. 183); Reply (dkt. no.

19

193); Response to Reply (dkt. no. 194). In addition, there is, pending, a fully briefed

20

motion by Snow for an evidentiary hearing. See Motion for Evidentiary Hearing (dkt. no.

21

187); Opposition to Motion for Evidentiary Hearing (dkt. no. 195); Reply in Support of

22

Motion for Evidentiary Hearing (dkt. no. 198).

23

One of Snow's remaining claims, Claim 4, is a claim that his federal constitutional

24

rights were violated because certain jurors were not impartial. See Second Amended

25

Petition at 62-69. However, it appears to the Court that neither Snow nor the

26

respondents have filed, as exhibits, the transcripts of the jury selection at Snow's trial.

27

In his second amended habeas petition, Snow cites extensively to the transcripts of the

28

jury selection, in the form "TT," apparently referring to the trial transcripts, but

1

apparently without filing those transcripts as exhibits, and without indicating where those

2

transcripts can be found in the record in this case. See Second Amended Petition at 62-

3

69. Respondents, on the other hand, have filed trial transcripts as exhibits in this case,

4

but it appears those do not include transcripts of the jury selection. See Respondents'

5

Exhibits 1a-1k.

6

Therefore, pursuant to Rule 5(c) of the Rules Governing Section 2254 Cases in

7

the United States District Courts, the Court directs respondents to file, within ten (10)

8

days from the date of entry of this order, as exhibits (numbered starting where

9

respondents' previously-filed exhibits, in dkt. no. 147, left off), copies of the transcripts of

10

the entire jury selection proceedings in Snow's trial.

11

It is so ordered.

12

DATED THIS 8th day of September 2015.

13
14
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2