KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 365

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
[e-mail]
ERIK R. GUENTHER
Assistant Federal Public Defender
Wisconsin Bar No. 1041774
[e-mail]
STACY M. NEWMAN
Assistant Federal Public Defender
Nevada Bar No. 14245
[e-mail]
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (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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