Smith v. McDaniel et al
| Joseph Weldon Smith |
| E. K. McDaniel and Catherine Cortez Masto |
| 2:2007cv00318 |
| March 13, 2007 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Clark |
| Robert J. Johnston |
| James C. Mahan |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
199
ORDER that 193 Motion for Relief from Judgment pursuant to Rule 60(b) is DENIED. FURTHER ORDERED that a certificate of appealability is DENIED with respect to this decision. Signed by Judge James C. Mahan on 6/16/17. (Copies have been distributed pursuant to the NEF - MMM)
|
|
Filing
184
ORDER that 177 Motion to Alter or Amend Judgment is Granted with respect to the courts decision to deny a Certificate of Appealability. In all other respects, the motion is DENIED. IT IS FURTHER ORDERED that the Certificate of Appealability is amended to include the following issue: Whether petitioner can establish cause and prejudice to overcome the procedural default of Claim Four, which alleges that trial counsel were ineffective in failing to present mental health evidence in the penalty phase of petitioner's trial. Signed by Judge James C. Mahan on 11/5/14. (Copies have been distributed pursuant to the NEF - TR)
|
|
Filing
175
ORDER that 40 Petitioner's First Amended Petition for Writ of Habeas Corpus is DENIED. The Clerk shall enter judgment accordingly. IT IS FURTHER ORDERED that 169 Petitioner's Motion for Evidentiary Hearing is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. Signed by Judge James C. Mahan on 03/13/2014. (Copies have been distributed pursuant to the NEF - AC)
|
|
Filing
162
ORDER Granting in part and Denying in part 118 Motion to Dismiss. The following claims in 40 petitioners first amended petition are DISMISSED: Claims 3, 4, 5, 9, 14 (IAC claim only), and 16-29. Denying 140 Motion for Hearing and 146 Motion for Leave to Conduct Discovery. Respondents shall have 45 days from the date on which this order is entered within which to file their answer. Granting 157 Motion for Leave to File Excess Pages. Signed by Judge James C. Mahan on 9/25/2012. (Copies have been distributed pursuant to the NEF - SLR)
|
|
Filing
129
ORDER that counsel Valencias motion to withdraw 127 is GRANTED. The federal public defender (FPD) is appointed as provisional counsel for the petitioner in this case. A representative from the FPDs office shall make every effort to meet with the p etitioner within thirty (30) days of the date of this order and thereafter report to the court as to whether the FPD is willing to undertake representation in this case. The deadline for petitioners response to respondents motion to dismiss 118 is suspended to allow for substitution of counsel. The Clerk of this court shall electronically SERVE a copy of this order on the FPD and Assistant Federal Public Defender Michael Pescetta. Signed by Judge James C. Mahan on 9/6/11. (Copies have been distributed pursuant to the NEF - ECS)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
