Mark A. Hanson VS Craig Farwell, et al.

Filing 191

ORDER that the stay of the judgment of this Court is lifted. Petitioner Mark A. Hanson is to be released from custody no later than Saturday, June 15, 2019, unless, no later than that date, the State files a written notice of its election to retry Hanson, and the State thereafter, within 60 days after the filing of that notice, actually commences Hanson's retrial. Signed by Judge Miranda M. Du on 4/17/2019. (Copies have been distributed pursuant to the NEF - LH)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6

MARK A. HANSON,

7

Petitioner,

ORDER

v.

8
9

Case No. 3:04-cv-00130-MMD-VPC

RENEE BAKER, et al.,

10

Respondents.

11
12

In this habeas corpus action, this Court granted Petitioner, Mark A. Hanson, a

13

conditional writ of habeas corpus on March 13, 2018. (See Order entered March 13, 2018

14

(ECF No. 180); Judgment (ECF No. 181).) The judgment was stayed pending any appeal.

15

(See id.)

16

Respondents appealed, and on March 25, 2019, the Ninth Circuit Court of Appeals

17

affirmed the granting of the writ. (See Court of Appeals’ Memorandum (ECF No.188).)

18

The Court of Appeals ordered that this Court “shall order Hanson released from custody

19

within sixty days of the issuance of the mandate, unless, within that sixty-day period, the

20

State files a written notice in the district court of its election to retry Hanson, and the State

21

thereafter, within sixty days after the filing of that notice, actually commences Hanson’s

22

retrial.” (See id.) The Court of Appeals issued its mandate on April 16, 2019. (ECF No.

23

189.)

24

It is therefore ordered that the stay of the judgment of this Court is lifted.

25

///

26

///

27

///

28

1

It is further ordered that Petitioner Mark A. Hanson be released from custody no

2

later than Saturday, June 15, 2019, unless, no later than that date, the State files a written

3

notice of its election to retry Hanson, and the State thereafter, within 60 days after the

4

filing of that notice, actually commences Hanson’s retrial.

5

DATED THIS 17th day of April 2019.

6
7
MIRANDA M. DU,
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2