Ochs v. Gentry et al

Filing 69

ORDER Granting 68 Stipulation for Extension of Time (First Request). The parties have submitted a stipulation requesting this Court to extend the deadlines in its 1/17/2023 66 order by thirty days. Based on this stipulation and for good cause shown: IT IS HEREBY ORDERED that the deadlines The parties agreed to ask that this Court extend the deadline to file the notice of the intent to retry Melanie Ochs by thirty-two days, or until Monday, 3/20/2023; and that the deadline to commence jury selection also continue for 120 days following the filing of the election to retry, so that they may continue these discussions. Signed by Judge James C. Mahan on 2/17/2023. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:16-cv-00982-JCM-DJA Document 68 Filed 02/15/23 Page 1 of 3
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AARON D. FORD
Attorney General
Allison Herr (NV Bar No. 5383)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MELANIE OCHS,

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Petitioner,

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vs.

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JERRY HOWELL, et al.,

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Case No. 2:16-cv-00982-JCM-DJA
STIPULATED EXTENSION OF TIME FOR
COMPLIANCE WITH JANUARY 17, 2023
ORDER (ECF NO. 66)
(First Request)

Respondents.

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On January 17, 2023, this Court entered its final judgment (ECF No. 67), granting in part Melanie

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Ochs’s Amended Petition for Writ of Habeas Corpus (ECF No. 18), and enforcing the Ninth Circuit Court

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of Appeals decision to reverse Melanie Ochs state conviction for first-degree murder (ECF No. 62). This

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Court instructed:

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Petitioner Melanie Ochs shall be released from all custody and/or other
restraints, including parole or other supervision, unless the state, through
the respondents, files a written election in this matter within 30 days of the
date of this order of its intention to retry Ochs and thereafter commences
jury selection in the retrial within 120 days following the election to retry
Ochs, subject to reasonable requests for modification of the time periods.

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ECF No. 66.

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The expiration of the time to file a written election of the intent to retry Ochs will expire on

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February 16, 2023. However, good cause exists to extend the deadlines established by the Court.

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...

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...

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Case 2:16-cv-00982-JCM-DJA Document 68 Filed 02/15/23 Page 2 of 3
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IT IS HEREBY STIPULATED AND AGREED that:

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Undersigned counsel for Melanie Ochs has met in person on one occasion and has

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additionally conferred via email with Clark County Chief Deputy District Attorney Dena Rinetti

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regarding this case. The parties have made progress on agreeing to a just result in Ms. Ochs’s state

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proceedings; however, the parties have not been able to complete these conversations and additional time

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is required in the interest of justice.

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2.

The parties agreed to ask that this Court extend the deadline to file the notice of the intent

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to retry Melanie Ochs by thirty-two days, or until Monday, March 20, 2023; and that the deadline to

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commence jury selection also continue for 120 days following the filing of the election to retry, so that

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they may continue these discussions.

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Dated this February 15, 2023

Dated this February 15, 2023

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RENE L. VALLADARES
Federal Public Defender

AARON D. FORD
Attorney General

/s/ Amelia Bizzaro
Amelia L. Bizzaro
Assistant Chief Federal Public Defender
411 E. Bonneville Ave., Ste 250
Las Vegas, NV 89101
Attorney for Petitioner

/s/ Allison Herr
Allison L. Herr (NV Bar No. 5383)
Senior Deputy Attorney General
555 E. Washington Ave., Ste 3900
Las Vegas, NV 89101
Attorney for Respondent

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Page 2 of 3

Case 2:16-cv-00982-JCM-DJA Document 68 Filed 02/15/23 Page 3 of 3
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ORDER OF THE COURT
The parties have submitted a stipulation requesting this Court to extend the deadlines in its
January 17, 2023, order by thirty days. Based on this stipulation and for good cause shown:

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IT IS HEREBY ORDERED that the deadlines The parties agreed to ask that this Court extend

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the deadline to file the notice of the intent to retry Melanie Ochs by thirty-two days, or until Monday,

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March 20, 2023; and that the deadline to commence jury selection also continue for 120 days following

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the filing of the election to retry, so that they may continue these discussions.

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Dated February 17, 2023.

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_____________________________
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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