Sampson v. Palmer et al

Filing 112

ORDER granting ECF No. 110 Petitioner's Motion for an Extension of Time to Continue the State Retrial; The Court's order conditionally granting a writ of habeas corpus ECF No. 105 Order is MODIFIED such that Petitioner shall be released from custody pursuant to the conditional writ granted unless the State initiates retrial by 8/8/2017; that nothing herein constitutes or is intended to constitute a purported direction by this Court to the Eighth Judicial D istrict Court for the State of Nevada to continue any calendar call, trial, or other proceeding in that court; that nothing herein suggests by implication that the federal Speedy Trial Act, 18 U.S.C. § 3161, et seq., is applicable to the state c ourt retrial; Clerk SHALL SEND a copy of this Order to Honorable Michelle Leavitt, District Judge; Clerk of the Eighth judicial District Court for the State of NV; and the Clark County District Attorney, in connection with Case No. C-182431 (mailed 03/27/2017). Signed by Judge Larry R. Hicks on 03/24/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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WILLIE SAMPSON,

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Petitioner,

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vs.

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Case No. 3:11-cv-00019-LRH-WGC

JACK PALMER, et al.,

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ORDER

Respondents.

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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
Nevada state prisoner.
On June 13, 2016, the petition was conditionally granted. (ECF No. 105). Respondents

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filed a notice of election to retry petitioner in the Eighth Judicial District Court for the State of

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Nevada. (ECF No. 107). On November 3, 2016, this Court granted petitioner’s motion for an

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extension of time for the State to initiate retrial until May 10, 2017. (ECF No. 109). On March 9,

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2017, petitioner filed another motion to continue the retrial. (ECF No. 110). On March 21, 2017,

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respondents filed a notice of non-opposition to petitioner’s motion. (ECF No. 111). Good cause

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appearing petitioner’s motion is granted as set forth below.

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IT IS THEREFORE ORDERED that petitioner’s motion to for an extension of time to

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continue the State retrial (ECF No. 110) is GRANTED, consistent with the remaining provisions of

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this order.

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IT IS FURTHER ORDERED that the Court’s order conditionally granting a writ of habeas
corpus (ECF No. 105) is MODIFIED such that petitioner shall be released from custody pursuant

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to the conditional writ grant unless the State initiates retrial in the state district court by August 8,

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2017, subject to reasonable modification of the foregoing deadline by the parties.

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IT IS FURTHER ORDERED that nothing herein constitutes or is intended to constitute a

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purported direction by this Court to the Eighth Judicial District Court for the State of Nevada to

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continue any calendar call, trial, or other proceeding in that court. This order merely modifies this

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Court’s own order to extend the time allowed under the conditional grant of a writ of habeas corpus

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within which to commence a retrial of petitioner. The matter of whether a particular calendar call,

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trial, or other proceeding in the state district court should be continued is a matter that is exclusively

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within the province of that court. Accordingly, following upon this Court’s extension of the period

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for retrial under its own prior order, petitioner must present any requests for relief as to specific state

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court settings to the state district court.

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IT IS FURTHER ORDERED that nothing herein suggests by implication that the federal
Speedy Trial Act, 18 U.S.C. § 3161, et seq., is applicable to the state court retrial.
IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND a copy of this order

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to the following: Honorable Michelle Leavitt, District Judge; the Clerk of the Eighth Judicial

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District Court for the State of Nevada; and the Clark County District Attorney, in connection with

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Case No. C-182432.

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DATED this 24th day of March, 2017.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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