KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 384

ORDER granting ECF No. 383 Stipulation regarding the scheduling of the mental health examination of Mr. Lisle for purposes of determining whether Mr. Lisle is competent to make a waiver of further proceedings and whether his waiver is knowing, intelligent, and voluntary. Signed by Chief Judge Miranda M. Du on 1/6/2020. (Copies have been distributed pursuant to the NEF - DRM)

1

8

RENE L. VALLADARES
Federal Public Defender
Nevada Bar No. 11479
DAVID ANTHONY
Assistant Federal Public Defender
Nevada Bar No. 007978
[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)

9

Attorneys for Petitioner

2
3
4
5
6
7

10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13

KEVIN JAMES LISLE,

14

Petitioner,

15
16
17
18
19
20
21
22
23

v.
WILLIAM GITTERE, Warden, Ely State
Prison, AARON FORD, Nevada Attorney
General,
Respondents.

Case No. 2:03-cv-01006-MMD-DJA

STIPULATION AND PROPOSED
ORDER
(DEATH PENALTY CASE)

1

On July 5, 2019, this Court accepted the parties’ stipulation “regarding

2

various aspects of the process for a mental health examination of Mr. Lisle for the

3

purposes of determining whether Mr. Lisle is competent to make a waiver of further

4

proceedings and whether his waiver is knowing, intelligent, and voluntary.” ECF

5

No. 363 at 6.

6

Paragraph 13 of that stipulation provided:
Subject to the availability of documents for the expert to
review and the expert’s schedule, the parties anticipate
the expert could complete the report by December 31,
2019, with the Court scheduling a hearing after
conferring with the parties.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

Id. at 5 ¶13.
On November 4, 2019, this Court appointed Dr. Melissa Piasecki to evaluate
Mr. Lisle. ECF No. 382.
The parties have been working together on complying with the July 5, 2019
stipulation, which also included details about how the documents would be
prepared, how those documents would be transmitted to the expert, and how the
expert’s evaluation would be scheduled. See ECF No. 363 at 3–5 ¶¶6–12.
On December 20, 2019, the parties had a telephone conference with Dr.
Piasecki and reached consensus about scheduling the evaluation.
IT IS HEREBY STIPULATED AND AGREED that:
1.

The parties anticipate that Dr. Piasecki will evaluate Mr. Lisle on or

around February 9, 2020, or February 10, 2020, depending upon the warden’s
ability to ensure proper staffing for the evaluation. The parties anticipate that Dr.
Piasecki could complete the report by the end of February.

2

1
2
3
4
5
6
7
8
9
10
11

2.

In all other respects, the parties will continue to comply with the July

5, 2019 stipulation.
DATED this 23rd day of December, 2019.
RENE L. VALLADARES
Federal Public Defender

AARON FORD
Nevada Attorney General

/s/ David Anthony

/s/ Michael Bonbard

DAVID ANTHONY
Assistant Federal Public Defender

MICHAEL BONGARD
Deputy Attorney General

/s/ Stacy M. Newman

STACY M. NEWMAN
Assistant Federal Public Defender

12
13
14
15
16
17
18
19
20
21
22
23
3

1
2

ORDER
The parties have submitted a stipulation regarding the scheduling of the

3

mental health examination of Mr. Lisle for purposes of determining whether Mr.

4

Lisle is competent to make a waiver of further proceedings and whether his waiver

5

is knowing, intelligent, and voluntary.

6
7
8

Based on the stipulation and for good cause shown, it is hereby ordered that
the Court adopts the parties’ proposed stipulation dated December 20, 2019.
6th
January
20
Dated this ____ day of ______________, 20__.

9
10

___________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
4