DONALD SHERMAN v. E.K. MCDANIEL (DEATH PENALTY)
Case Number: 2:2002cv01349
Filed: October 11, 2002
Court: US District Court for the District of Nevada
Office: Death Penalty - Habeas Corpus Office
Presiding Judge: Larry R. Hicks
Presiding Judge: Lawrence R. Leavitt
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 12, 2016 Opinion or Order Filing 235 ORDER denying ECF No. 227 Petitioner's Motion to Alter or Amend Judgment. It is further ordered an expansion of the certificate of appealability is DENIED. Signed by Judge Larry R. Hicks on 09/08/2016. (Copies have been distributed pursuant to the NEF - KW)
December 16, 2015 Opinion or Order Filing 225 ORDER that Petitioner's 103 Second Amended Petition for Writ of Habeas Corpus is DENIED. The Clerk shall enter judgment accordingly. FURTHER ORDERED that a Certificate of Appealability is issued as to the court's resolution of Claim One. Signed by Judge Larry R. Hicks on 12/16/2015. (Copies have been distributed pursuant to the NEF - SLD)
January 28, 2013 Opinion or Order Filing 191 ORDER that all of the sub-claims within Claim Two, except for Claim Two(Y), are dismissed as procedurally defaulted. Respondents shall have 45 days to file their answer to petitioner's remaining claims. Granting 186 Motion for Leave to File Excess Pages nunc pro tunc as of 6/11/2012. Signed by Judge Larry R. Hicks on 1/28/2013. (Copies have been distributed pursuant to the NEF - SLR)
March 23, 2012 Opinion or Order Filing 179 ORDER Granting in part and Denying in part 124 Motion to Dismiss. Claims Four, Six, Seven, Eight, Ten, Twelve, Thirteen (A and C), Fifteen, Sixteen, Seventeen, and Eighteen, are DISMISSED. Denying 157 Motion for Evidentiary Hearing an d 158 Motion for leave to conduct Discovery. Granting 123 , 154 , and 169 Motion for Leave to File Excess Pages nunc pro tunc as of their respective filing dates. Points and Authorities due within 20 days. Responses due within 20 days of filing of Points and Authorities. Signed by Judge Larry R. Hicks on 3/23/2012. (Copies have been distributed pursuant to the NEF - SLR)
September 22, 2011 Opinion or Order Filing 153 MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 9/22/2011. By Deputy Clerk: Dennis M. Farias. IT IS ORDERED that 152 Motion for Substitution of Counsel is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall substitute Renee Baker for E.K. McDaniel and list Catherine Cortez Masto on the docket, as respondent attorney general, and update caption. (Copies have been distributed pursuant to the NEF - EDS)
April 8, 2011 Opinion or Order Filing 122 ORDER Denying 119 Motion for Compliance with Rule 2 of the Rules Governing Section 2254 Cases. FURTHER ORDERED that respondents shall have 45 days from the date this order is entered to file and serve an answer or other response to the second amended petition 103 . FURTHER ORDERED that the schedule set forth in the scheduling order entered 11/19/10 shall remain in effect. Signed by Judge Larry R. Hicks on 4/7/11. (Copies have been distributed pursuant to the NEF - MMM)
November 19, 2010 Opinion or Order Filing 108 ORDER Setting Schedule re 103 Amended Petition for Writ of Habeas Corpus filed by Donald Sherman. E.K. McDaniel answer due 1/14/2011. See Order for details. Signed by Judge Larry R. Hicks on 11/18/10. (Copies have been distributed pursuant to the NEF - ECS)
October 8, 2010 Opinion or Order Filing 102 ORDER Granting 98 & 100 MOTION to Lift Stay and Reopen Capital Habeas Corpus Proceeding filed by Donald Sherman. Amended Petition due by 11/7/2010. Case reopened. Signed by Judge Larry R. Hicks on 10/7/10. (Copies have been distributed pursuant to the NEF - ASB)
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