Vanisi v. McDaniel et al

Filing 13

ORDERED that P's # 8 Motion for Stay of State Court Proceedings is GRANTED IN PART AND DENIED IN PART, as is described below. IT IS FURTHER ORDERED that the execution of the death sentence of P Siaosi Vanisi is STAYED. Siaosi Vanisis dea th sentence shall not be carried out until the petition for writ of habeas corpus in this case is resolved and a final judgment is entered in this case. IT IS FURTHER ORDERED that, to the extent that P's # 8 Motion for Stay of State Court Proceedings seeks a stay of state court proceedings other than the execution of his death sentence, that motion is denied. Signed by Chief Judge Roger L. Hunt on 8/23/2010. (Copies have been distributed pursuant to the NEF - DRM)

Vanisi v. McDaniel et al

Doc. 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 In this capital habeas corpus action, the petitioner, Siaosi Vanisi, has filed a motion entitled "Motion for Stay of State Court Proceedings" (docket #8). The court will grant the motion in part and deny it in part. This action was initiated July 19, 2010. On August 6, 2010, the court granted Vanisi in forma pauperis status, and appointed the Federal Public Defender (FPD) to represent him (docket #5). On August 13, 2010, the FPD ­ Tiffani D. Hurst and C. Benjamin Scroggins ­ appeared (docket #10). On August 13, when they appeared, Vanisi's attorneys also filed the Motion for Stay of State Court Proceedings. In that motion, petitioner requests "a stay of execution and of all state court proceedings during the pendency of Mr. Vanisi's habeas corpus action." Motion for Stay (docket #8), p. 3. vs. E.K. McDANIEL, et al., Respondents. SIAOSI VANISI, Petitioner, ) ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

3:10-cv-0448-RLH-VPC ORDER

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

The court then set a schedule for respondents to respond to the motion for stay, and for Vanisi to reply (docket #9). Respondents appeared in the action (docket #10), and filed an opposition to the motion for stay (docket #11) on August 19, 2010. Vanisi replied on August 23, 2010. According to Vanisi, there is a hearing set for September 2, 2010, in the state district, in order to set a schedule for his execution. This is confirmed by an exhibit submitted by Vanisi, which is a copy of an order setting that hearing. This is Vanisi's first federal habeas action, so a stay of execution of Vanisi's death sentence, pending the litigation of this action, is warranted. See 28 U.S.C. § 2251; McFarland v. Scott, 512 U.S. 849, 854-59 (1994). The court will grant Vanisi's motion to the extent it seeks a stay of his death sentence. However, beyond that, Vanisi has not shown grounds for a stay of any other state court proceedings ­ including state court hearings. The court will deny Vanisi's motion to the extent it seeks a stay of state court proceedings other than the execution of his death sentence. IT IS THEREFORE ORDERED that petitioner's Motion for Stay of State Court Proceedings (docket #8) is GRANTED IN PART AND DENIED IN PART, as is described below. IT IS FURTHER ORDERED that the execution of the death sentence of petitioner Siaosi Vanisi is STAYED. Siaosi Vanisi's death sentence shall not be carried out until the petition for writ of habeas corpus in this case is resolved and a final judgment is entered in this case. IT IS FURTHER ORDERED that, to the extent that petitioner's Motion for Stay of State Court Proceedings (docket #8) seeks a stay of state court proceedings other than the execution of his death sentence, that motion is denied.

Dated this

23rd

day of August 2010.

_________________________________________ UNITED STATES DISTRICT JUDGE 2