Randolph v. MCDANIEL et al

Filing 127

ORDER - IT IS THEREFORE ORDERED that the request for authorization for the Federal Public Defender for the District of Idaho to represent Petitioner in a successive petition for writ of habeas corpus in state court is GRANTED. Signed by Judge Larry R. Hicks on 8/25/2023. (Copies have been distributed pursuant to the NEF - DLS)

Case 3:08-cv-00650-LRH-CLB Document 127 Filed 08/25/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES LEE RANDOLPH,

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Case No. 3:08-cv-00650-LRH-CLB
Petitioner,

ORDER

v.
WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, the Court has appointed the Federal Public

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Defender for the District of Idaho (FPD) as counsel for the petitioner, Charles Lee

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Randolph. ECF No. 67. On August 23, 2023, the Court received from the FPD an ex parte

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communication, Exhibit A (which will be filed for the record but under seal), in which the

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FPD requests permission to represent Randolph in a successive post-conviction habeas

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corpus action in state court. Having reviewed the request, and having carefully considered

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the history of this action, and in consideration of the efficiencies in moving all proceedings

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along expeditiously, the Court finds good cause to permit Randolph’s federally appointed

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counsel to represent him in the successive state-court habeas action. See 18 U.S.C. §

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3599(e); Harbison v. Bell, 556 U.S. 180, 190 n.7 (2009). By granting the FPD’s request,

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the Court does not purport to encourage, or convey any position with respect to the merits

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of, the proposed state court litigation.

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IT IS THEREFORE ORDERED that the request for authorization for the Federal

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Public Defender for the District of Idaho to represent Petitioner in a successive petition
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Case 3:08-cv-00650-LRH-CLB Document 127 Filed 08/25/23 Page 2 of 2

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for writ of habeas corpus in state court is GRANTED. Petitioner’s federally-appointed

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counsel is authorized to represent him in state court in a successive post-conviction

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habeas corpus action. The Court takes no position with regards to any merit or lack of

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merit in the proposed successive petition.

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IT IS SO ORDERED.

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DATED THIS 25th day of August, 2023.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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