KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 389

ORDER granting ECF No. 388 Stipulation regarding the completion of Dr. Piasecki's report and the filing of the report and all supporting documents under seal 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 3/23/2020. (Copies have been distributed pursuant to the NEF - LW)

1

8

RENE L. VALLADARES
Federal Public Defender
Nevada Bar No. 11479
DAVID ANTHONY
Assistant Federal Public Defender
Nevada Bar No. 7978
[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

The stipulation explained how the parties would prepare the documents for

7

the expert, how those documents would be transmitted to the expert, and how the

8

expert’s evaluation would be scheduled. Id. at 3–5 ¶¶6–12.

9

Finally, the stipulation offered a tentative prediction that the expert’s report

10

would be completed by December 31, 2019. In late December, the parties filed

11

another stipulation indicating that Dr. Piasecki was expected to evaluate Mr. Lisle

12

around February 9, 2020, and anticipating that her report would be completed by

13

the end of February. See ECF No. 383. This Court accepted that stipulation See

14

ECF No. 384.

15

On March 4, 2020, this Court ordered that:
[T]he parties are to either file Dr. Piasecki’s report and
supporting documents as described in paragraphs 14 and
15 of the July 5, 2019 stipulation and order (ECF No.
363), or file a joint statement or stipulation explaining the
delay and proposing a new schedule.

16
17
18
19
20
21
22
23

ECF No. 385 at 2. The parties, by stipulation, asked this Court for an additional ten
days to comply with the Court’s order; this Court accepted that stipulation. ECF
Nos. 386, 387.
The parties enter this stipulation to comply with the Court’s March 4, 2020
order.

2

1
2

IT IS HEREBY STIPULATED AND AGREED that:
1. The delay in providing the report is owing mainly to unanticipated difficulties

3

in collecting and providing all the necessary documents to Dr. Piasecki.

4

Nonetheless, since the December 23, 2019 stipulation, the parties have continued to

5

work together on complying with the July 5, 2019 stipulation and its requirements

6

with regard to providing those documents to Dr. Piasecki.

7

2. In light of these unanticipated difficulties, the parties agreed to ask Dr.

8

Piasecki to defer submitting her report until after receiving one last category of

9

documents, i.e., grievances filed by Mr. Lisle. Dr. Piasecki agreed to this request.

10

3. Dr. Piasecki met with and evaluated Mr. Lisle on February 9, 2020.

11

4. On March 1, 2020, Dr. Piasecki confirmed receiving the grievances filed by

12
13

Mr. Lisle.
5. On March 10, 2020, in response to the parties’ attempts to determine when

14

the report would be complete, Dr. Piasecki e-mailed, “Thanks for the call regarding

15

report date. I’m traveling and in court today and will respond ASAP.” The parties

16

sent a follow-up e-mail. On March 15, 2020, Dr. Piasecki sent a response stating, “Is

17

the first week of April an acceptable timeframe for receiving the report?” However,

18

this communication did not indicate whether the “first week of April” meant the

19

week ending April 3, 2020 or the week ending April 10, 2020. As of the time of filing

20

this stipulation, the parties have not received clarification from Dr. Piasecki.

21
22
23
3

1

6. To facilitate whichever week Dr. Piasecki referenced, and to minimize the

2

burden to the Court of repeated stipulations, the parties agree to assume Dr.

3

Piasecki’s report will be completed no later than April 11, 2020.

4

7. Under normal circumstances, the parties would anticipate that the report

5

and documents gathered for Dr. Piasecki’s review would be filed under seal shortly

6

after, and would have requested a few days’ grace period to account for any

7

additional unanticipated difficulties related to filing this document under seal.

8

However, like every other entity, the parties are affected by the social distancing

9

measures related to COVID-19. Thus, filing the documents under seal could present

10
11

special difficulties.
8. In light of potential difficulties, the parties agree that Dr. Piasecki’s report

12

and documents gathered for her review will be filed with appropriate haste, but no

13

later than April 21, 2020.

14
15
16
17
18
19
20

9. In all other respects, the parties will continue to comply with the July 5, 2019
stipulation.
DATED this 20th day of March, 2020
RENE L. VALLADARES
Federal Public Defender

AARON FORD
Nevada Attorney General

/s/ David Anthony

/s/ Michael Bongard
MICHAEL BONGARD
Deputy Attorney General

DAVID ANTHONY
Assistant Federal Public Defender

21
22
23
4

1
2

ORDER
The parties have submitted a stipulation regarding the completion of Dr.

3

Piasecki’s report and the filing of the report and all supporting documents under

4

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

5

further proceedings and whether his waiver is knowing, intelligent, and voluntary.

6

Based on the stipulation and for good cause shown, it is hereby ordered that

7
8

the Court adopts the parties’ proposed stipulation dated March 20, 2020.
23rd
March, 2020.
Dated this _______ day of _____________

9
10

MIRANDA M. DU
Chief United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
5