KEVIN JAMES LISLE v. E.K. MCDANIEL
Filing
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ORDER granting ECF No. 364 Stipulation to Extend Time. The parties may have until 8/9/2019 to forward a joint recommendation for a Court's expert to determine "whether Lisle is competent to make [a waiver of further proceedings] an d whether his waiver is knowing, intelligent, and voluntary." If they are unable to reach agreement, then each side is to forward two names to the Court by 8/9/2019. Signed by Judge Miranda M. Du on 7/18/2019. (Copies have been distributed pursuant to the NEF - LH)
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RENE L. VALLADARES
Federal Public Defender
Nevada Bar No. 11479
DAVID ANTHONY
Assistant Federal Public Defender
Nevada Bar No. 007978
David_Anthony@fd.org
ERIK R. GUENTHER
Assistant Federal Public Defender
Wisconsin Bar No. 1041774
Erik_Guenther@fd.org
STACY M. NEWMAN
Assistant Federal Public Defender
Nevada Bar No. 14245
Stacy_Newman@fd.org
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
(702) 388-6577
(702) 388-5819 (fax)
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Attorneys for Petitioner
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KEVIN JAMES LISLE,
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Petitioner,
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v.
WILLIAM GITTERE, Warden, Ely State
Prison & AARON FORD, Nevada Attorney
General,
Respondents.
Case No. 2:03-cv-1006-MMD-CWH
STIPULATION AND PROPOSED
ORDER
DEATH PENALTY CASE
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On July 5, 2019, this Court adopted the parties proposed stipulation
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describing the process for recommending of and assistance for a Court’s expert to
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determine “whether Lisle is competent to make [a waiver of further proceedings]
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and whether his waiver is knowing, intelligent, and voluntary.” ECF No. 358 at 5;
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ECF No. 363 at 6.
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Since that time, the parties have attempted to contact eleven potential
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experts. Communications with potential experts is more difficult as the parties seek
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to comply with their agreement, adopted by the Court to, share all communications
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with potential experts with the other side, either by inclusion on e-mails or through
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conference calls. ECF No. 363 at 2.
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The parties have received some responses from potential experts, but will
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still need to review responses, vet those experts, and see if they can reach
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agreement as to a recommended expert. Alternatively, the parties will be
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forwarding separate recommendations to the Court.
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As a separate matter, David Anthony, the Capital Habeas Unit Chief, will be
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on personal leave from July 19 – 28, 2019. Mr. Anthony would need to approve the
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Petitioner’s position regarding this issue.
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The parties respectfully request that the time to submit a proposed agreed
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upon expert, or separate recommendations of an expert (two per side) until August
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9, 2019, rather than the originally stipulated date of July 17, 2019.
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DATED this 17th day of July, 2019.
RENE L. VALLADARES
Federal Public Defender
AARON FORD
Nevada Attorney General
/s/ David Anthony
/s/ Michael Bongard
DAVID ANTHONY
Assistant Federal Public Defender
MICHAEL BONGARD
Deputy Attorney General
/s/ Erik R. Guenther
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ERIK R. GUENTHER
Assistant Federal Public Defender
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/s/ Stacy M. Newman
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STACY M. NEWMAN
Assistant Federal Public Defender
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ORDER
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Based on the stipulation and for good cause shown, it is hereby ordered that
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the Court agrees that the parties may have until August 9, 2019, to forward a joint
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recommendation for a Court’s expert to determine “whether Lisle is competent to
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make [a waiver of further proceedings] and whether his waiver is knowing,
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intelligent, and voluntary.” If they are unable to reach agreement, then each side is
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to forward two names to the Court by August 9, 2019.
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18th
Dated this ____ day of July, 2019.
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___________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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