Yates v. Sinclair

Filing 107

ORDER TO SHOW CAUSE directing all parties to SHOW CAUSE no later thantwenty-one (21) days from the date of this Order why this Court should not stay the habeas petition for six months while the Washington legislature considers the bill re abolition of death penalty. Signed by Judge Ricardo S Martinez. (PM)

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Case 2:13-cv-00842-RSM Document 107 Filed 02/05/18 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 ROBERT LEE YATES, JR., Petitioner, 9 10 v. 11 STEPHEN D. SINCLAIR, 12 Respondent. 13 ) ) CASE NO. C13-0842RSM ) ) ORDER TO SHOW CAUSE ) ) CAPITAL CASE ) ) ) ) 14 15 On January 25, 2018, a bill proposing the abolition of Washington’s death penalty was 16 voted out of a state Senate committee, and is now advancing toward a Senate floor vote. 17 Although the Court recognizes that there are several legislative hurdles to clear before getting to 18 the state governor’s desk for signature, including a review and vote in the House of 19 Representatives, the Court also acknowledges that this bill appears to have more momentum than 20 21 any in recent history in Washington State. The Court also acknowledges that current Washington 22 State Governor Jay Inslee placed a moratorium on the death penalty, suspending the practice for 23 as long as he is in office. Thus, the current habeas petition may ultimately be moot. 24 Accordingly, the Court hereby ORDERS all parties to SHOW CAUSE no later than 25 twenty-one (21) days from the date of this Order why this Court should not stay the habeas 26 27 petition for six months while the Washington legislature considers the bill. 28 ORDER PAGE - 1 Case 2:13-cv-00842-RSM Document 107 Filed 02/05/18 Page 2 of 2 1 2 3 The current stay of execution remains in effect during the pendency of this matter, including any stays of the Petition set by the Court. DATED this 5 day of February, 2018. 4 A 5 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER PAGE - 2

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