MARK ROGERS V. E.K. MCDANIEL, ET AL.
Filing 145
ORDERED that P's # 77 Second amended petition for writ of habeas corpus is GRANTED IN PART AND DENIED IN PART. The # 77 Second amended petition is GRANTED with respect to Grounds 20, 21, and 23, as is specified below, and the # 77 Second am ended petition is DENIED with respect to all other claims. FURTHER ORDERED that, within 120 days of the date of entry of this order, the State of Nevada shall either (1) grant P a new penalty-phase trial, and initiate proceedings relative to that new penalty-phase trial, or (2) vacate P's death sentence and impose upon him a non-capital sentence, consistent with law. ( Notice of Compliance is due by 11/5/2011.) FURTHER ORDERED P is denied a certificate of appealability. FURTHER ORDERED the Clerk of the Court shall enter judgment accordingly Signed by Judge Edward C. Reed, Jr on 7/8/2011. (Copies have been distributed pursuant to the NEF - DRM)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
