Love v. State of Nevada et al

Filing 6

ORDER that the Clerk of Court is directed to add Adam Paul Laxalt, Nevada Attorney General, as counsel for Respondents. Petitioner's 2 Motion for Appointment of Counsel is Granted. The Federal Public Defender (FPD) for the District of Nevad a is appointed. FPD has until 12/13/2017 to file a notice of appearance or to indicate to the court its inability to represent Love in these proceedings. Petitioner's 3 Motion for Leave to File Excess Pages is Denied as moot. Signed by Judge Jennifer A. Dorsey on 11/13/2017. (Copies have been distributed pursuant to the NEF - electronically served Attorney General and FPD 1 Petition and this Order - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Sherri Lynne Love,

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2:17-cv-02419-JAD-PAL

Petitioner

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v.

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Order Appointing Counsel

State of Nevada, et al.,

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[ECF Nos. 1-1, 2, 3]

Respondents

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Pro se petitioner Sherri Lynne Love is serving several consecutive sentences with a

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possible parole-release date of 2058 after she was convicted of murder with the use of a deadly

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weapon, attempted murder with the use of a deadly weapon, and child abuse and neglect

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resulting in substantial mental and bodily harm with the use of a deadly weapon.1 Now she

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petitions for a writ of habeas corpus, arguing that her due-process, equal-protection, fair-trial, and

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Miranda rights were violated.2 She has already paid the filing fee, and I have screened her

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petition under Habeas Rule 4. Love’s petition will be docketed and served on respondents.

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Discussion

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A petition for federal habeas corpus must include all known claims for relief. If Love

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fails to include a claim in her petition, she may be forever barred from seeking federal habeas

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relief on that claim.3 If Love is aware of any claim not included in her petition, she should notify

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the court of that deficiency as soon as possible by moving to amend her petition to add the claim.

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Love has also submitted a motion for appointment of counsel.4 There is no constitutional

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ECF No. 1 at 2.

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Id. at 1–171; ECF No. 1-1 at 1–57.

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See 28 U.S.C. §2254(b) (successive petitions).

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ECF No. 2.

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right to appointed counsel for a federal habeas corpus proceeding.5 The decision to appoint

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counsel is generally discretionary.6 But counsel must be appointed if the claims are so complex

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and the petitioner is so uneducated that denying counsel would amount to a denial of due

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process.7 The legal issues that Love raises are complex, and Love is unlikely to competently

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articulate them. So I grant Love’s motion for appointment of counsel.

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Conclusion

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Accordingly, the Clerk of Court is directed to FILE and SERVE the petition [ECF

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No. 1] on the respondents. The Clerk of Court is also directed to ADD Adam Paul Laxalt,

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Nevada Attorney General, as counsel for respondents.

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IT IS FURTHER ORDERED that Love’s motion for appointment of counsel [ECF No.

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2] is GRANTED. The Federal Public Defender (FPD) for the District of Nevada is appointed to

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represent Love in her federal habeas action.

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The Clerk of Court is directed to ELECTRONICALLY SERVE the FPD a copy of

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this order, together with a copy of the petition for writ of habeas corpus. The FPD has until

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December 13, 2017, to file a notice of appearance or to indicate to the court its inability to

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represent Love in these proceedings. After counsel has appeared for Love in this case, the court

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will issue a scheduling order that will, among other things, set a deadline for the filing of an

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amended petition.

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Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th
Cir.1993).

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Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986); Bashor v. Risley, 730 F.2d 1228, 1234
(9th Cir.).

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See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir.1970).
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IT IS FURTHER ORDERED that Love’s motion for leave to file excess pages [ECF No.
3] is DENIED as moot.
DATED: November 13, 2017.

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_______________________________
Jennifer A. Dorsey
United States District Judge

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