Cross v. Sinclair

Filing 74

ORDER re 73 Status Report. Counsel are directed to file a joint status report every six months beginning six months from the date of this order. In addition, the court ORDERS counsel to file a joint status report within 15 days of any change in the status or procedural posture of this case of which the court should be aware. Signed by Judge James L. Robart. (PM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 DAYVA CROSS, CASE NO. C14-1092JLR Petitioner, 11 ORDER v. 12 13 DONALD HOLBROOK, Respondent. 14 15 Before the court is Petitioner Dayva Cross’s “Status Update.” (Stat. Rep. (Dkt. 16 # 73).) Mr. Cross submits his update in part as a result of the Washington Supreme 17 Court’s recent decision in State v. Gregory, 427 P.3d 621, 631 (Wash. 2018). (See Stat. 18 Rep. at 1.) In that decision, the Court held that Washington’s death penalty is 19 unconstitutional, as administered, and converted all death sentences in Washington State 20 to life imprisonment. See Gregory, 427 P.3d at 642. Mr. Cross informs the court that, in 21 light of Gregory, “counsel are currently evaluating the appropriate next steps in this 22 matter, both in this court and in the Washington Supreme Court and will keep the court ORDER - 1 1 apprised of the status.” (Stat. Rep. at 2.) The court, therefore, ORDERS counsel to file a 2 joint status report in this case every six months beginning six months from the date of this 3 order. In addition, the court ORDERS counsel to file a joint status report within 15 days 4 of any change in the status or procedural posture of this case of which the court should be 5 aware. 6 Dated this 29th day of November, 2018. 7 8 A 9 JAMES L. ROBART United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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