MARK ROGERS V. E.K. MCDANIEL, ET AL.

Filing 300

ORDER granting ECF No. 299 Stipulation. IT IS ORDERED that the deadlines from this Courts September 24, 2019 Order are vacated.IT IS FURTHER ORDERED that Respondents shall either (1) by October 14, 2022, vacate Petitioners jud gment of conviction and adjudge him not guilty by reason of insanity, and adjust his custody accordingly, consistent with Nevada law, or (2) by October 14, 2022, file a notice of the States intent to grant Petitioner a new trial and, by December 13, 2022, commence jury selection in the new trial. (Notice of Compliance is due by 10/14/2022.) Signed by Judge Gloria M. Navarro on 8/6/2022. (Copies have been distributed pursuant to the NEF - CJD)

Case 3:02-cv-00342-GMN-WGC Document 299 Filed 08/02/22 Page 1 of 4

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Rene L. Valladares
Federal Public Defender
Nevada Bar No. 11479
Heather Fraley
Assistant Federal Public Defender
Texas Bar No. 24050621
[e-mail]
Randolph M. Fiedler
Assistant Federal Public Defender
Nevada Bar No. 12577
[e-mail]
411 E. Bonneville Ave., Ste. 250
Las Vegas, NV 89101
[phone]
[phone] (fax)

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Attorneys for Petitioner

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Mark Rogers,

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Petitioner,
v.
James Dzurenda, et al.,
Respondents.

Case No. 3:02-cv-00342-GMN-WGC
Stipulated First Extension of
Time for Compliance with Sept.
24, 2019 Judgment
DEATH PENALTY CASE

Case 3:02-cv-00342-GMN-WGC Document 299 Filed 08/02/22 Page 2 of 4

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In September of 2019, this Court issued an Amended Judgment in this case,

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granting in part Mark Roger’s Second Amended Petition for Writ of Habeas Corpus.

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ECF No. 287. The order instructed:

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Respondents shall either (1) within 90 days from the date
of the order (ECF No. 286), vacate Petitioner’s judgment of
conviction and adjudge him not guilty by reason of
insanity, and adjust his custody accordingly, consistent
with Nevada law, or (2) within 90 days from the date of the
order, file a notice of the State’s intent to grant Petitioner
a new trial and, within 180 days from the date of the order,
commence jury selection in the new trial.

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Id. at 1. However, the judgment also stayed itself “pending the conclusion of any
appellate or certiorari review . . . or the expiration of the time for seeking such
appellate or certiorari review, whichever occurs later.” Id. at 2.
The expiration of time for seeking certiorari review occurred on May 16,
2022. 1 Thus, the 90-day window of time in this Court’s judgment ends on August 15,
2022. The parties file this stipulation and draft order to extend the time for
execution of the judgment by sixty days.
IT IS HEREBY STIPULATED AND AGREED that:
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Undersigned counsel for Mark Rogers have twice met and conferred

with Pershing County District Attorney R. Bryce Shields regarding this case, once
via telephone on June 30, 2022 and once via Zoom on July 22, 2022. The parties
have made progress on agreeing to a just result in Mr. Rogers’s State proceedings,
however, the parties have not been able to complete these conversations and
additional time is required.

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1

See Rogers v. Dzurenda, 25 F.4th 1171 (Feb. 14, 2022); see also S. Ct. R. 13.
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Case 3:02-cv-00342-GMN-WGC Document 299 Filed 08/02/22 Page 3 of 4

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2.

The parties agreed to ask that this Court extend the deadlines by sixty

days so that they may continue these discussions.

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DATED Aug. 2, 2022.

DATED Aug. 2, 2022.

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RENE L. VALLADARES
Federal Public Defender

AARON D. FORD
Attorney General

/s/ Heather Fraley
Heather Fraley (Bar No. 24050621)
Assistant Federal Public Defender

/s/ Erica F. Berrett
Erica F. Berrett (Bar No. 13826)
Senior Deputy Attorney General
555 E. Washington Ave. Ste. 3900
Las Vegas, Nevada 89101
Attorney for Respondents

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/s/ Randolph M. Fiedler
Randolph M. Fiedler (Bar No. 12577)
Assistant Federal Public Defender
411 E. Bonneville Ave. Ste. 250
Las Vegas, Nevada 89101
Attorneys for Petitioner

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Case 3:02-cv-00342-GMN-WGC Document 299 Filed 08/02/22 Page 4 of 4

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ORDER
The parties have submitted a stipulation requesting this Court to extend the

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deadlines in its September 24, 2019 Order by sixty days. Based on this stipulation

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and for good cause shown:

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IT IS ORDERED that the deadlines from this Court’s September 24, 2019
Order are vacated.

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IT IS FURTHER ORDERED that Respondents shall either (1) by October

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14, 2022, vacate Petitioner’s judgment of conviction and adjudge him not guilty by

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reason of insanity, and adjust his custody accordingly, consistent with Nevada law,

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or (2) by October 14, 2022, file a notice of the State’s intent to grant Petitioner a

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new trial and, by December 13, 2022, commence jury selection in the new trial.

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6 day of _________________,
August
Dated this ____
2022.

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GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE

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