Young v. Williams et al
| Danny Andrew Young |
| Attorney General of the State of Nevada and Brian Williams |
| 2:2012cv00524 |
| March 29, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Robert J. Johnston |
| James C. Mahan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
131
ORDER - ORDERED that the conditional writ in this action is satisfied. Signed by Judge Richard F. Boulware, II on 2/28/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
124
ORDER granting 123 Stipulation to modify conditions of release. Signed by Judge Richard F. Boulware, II on 7/29/2021. (Copies have been distributed pursuant to the NEF cc: USPO - DRS)
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Filing
109
SECOND SUPPLEMENTAL ORDER Re: 105 Order on Motion. Terms of probation imposed. Signed by Judge Richard F. Boulware, II on 1/28/2021. (Copies have been distributed pursuant to the NEF emailed to USPO - DRS)
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Filing
108
SUPPLEMENTAL ORDER The Court supplements its original 105 ORDER issued January 20, 2021 is and modifies the release date to be effective the date of Saturday, January 30, 2021 to the custody of third-party custodian, son of petitioner, Danny Young, Jr. Signed by Judge Richard F. Boulware, II on 1/27/2021. (Copies have been distributed pursuant to the NEF; cc: USMS and USPO - DRS)
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Filing
105
ORDERED: Pursuant to the Court's 74 Order, as modified by these findings, the Court Grants in Part and Denies in Part the 23 Amended Petition for Writ of Habeas Corpus as outlined. The conviction in Eighth Judicial District, 07cr232506, i s VACATED and Petitioner shall be released as directed within the order. The Clerk shall substitute respondents as directed and enter final judgment. A certificate of appealability is GRANTED as to Grounds 1(a) and 1(b) and is DENIED as to Gro und 2.A copy of the Order and Judgment will also be delivered to the Eighth Judicial District Court. It is FURTHER ORDERED that the 78 Motion for Release is GRANTED as is consistent with the provisions in the Order. Notice of Compliance is due by 1/27/2021. Signed by Judge Richard F. Boulware, II on 1/20/2021. (Copies have been distributed pursuant to the NEF; cc: USPO and 8th JD - DRS) Modified on 1/20/2021 (DRS).
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Filing
103
ORDER Granting, Consistent with the provisions as stated, the 100 Request for Redaction of Evidentiary Hearing Transcript 97 Transcript. The transcript shall be sealed by the Clerk and the Court Reporter shall file a redacted copy as described in the Order and Motion. Signed by Judge Richard F. Boulware, II on 10/22/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
92
ORDER to Produce Danny Young for Hearing set by 86 Order on 9/9/2020 at 9:30 am. Signed by Judge Richard F. Boulware, II on 8/23/2020. (Copies have been distributed pursuant to the NEF; cc: USMS and M. Hutchings - DRS)
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Filing
86
ORDER deferring ruling on Petitioner's Motion for Release (ECF No. 78). ORDERED that respondents, including the immediate custodial respondent: (a) shall make the videoconferences available as previously agreed with petitioners counsel w ithout qualification, contingency, or delay as to whether the videoconferences will be held when and as previously agreed; and (b) shall allow petitioner also to confer in confidence with counsel by telephone as also previously agreed without any sta ff observer being in a position where they are able to also listen to the calls. Petitioner must be afforded at least two videoconferences per week including this week between today and the date of the evidentiary hearing. These videoconferences must be at least 60 minutes in duration.ORDERED that if the respondents, including the new warden, do not comply with all aspects of this order, the Court may impose monetary or other sanctions against respondents to compel compliance.ORDERED tha t: (a) the Court will hear oral argument on petitioner's motion for release (ECF No. 78), during the evidentiary hearing on September 9, 2020, if the motion has not been conclusively acted on prior to that time; and (b) the parties may pr esent expert or other testimony on the motion at the evidentiary hearing, with the proviso that, by 5:00 p.m. on Friday, September 4, 2020, counsel must provide opposing counsel with (i) an expert written report (which may be in the form of a signed letter report) and curriculum vitae for any testifying expert, and (ii) the identity and nature of the testimony for any other witnesses for the motion. Signed by Judge Richard F. Boulware, II on 8/17/2020. (Copies have been distributed pursuant to the NEF - BEL)
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Filing
84
ORDER granting 83 Unopposed MOTION for Virtual Deposition in Lieu of Live Testimony. Signed by Judge Richard F. Boulware, II on 8/11/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
80
ORDER granting 77 Motion for Virtual Deposition in Lieu of Live Testimony. The Court Further Expedites the Briefing Schedule on: 79 Motion for Client Access via Videoconference. Responses due by 8/7/2020. Replies due by 8/11/2020. Signed by Judge Richard F. Boulware, II on 7/31/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
70
ORDER Granting 69 Second Motion to Extend Time Re: 23 Amended Petition for Writ of Habeas Corpus. Respondents' answer due 7/10/2019. Signed by Judge Richard F. Boulware, II on 7/9/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
67
ORDER Granting 66 Motion to Extend Time to File Supplemental Answer Re: 23 Amended Petition for Writ of Habeas Corpus. Deadline: 7/3/2019. Signed by Judge Richard F. Boulware, II on 6/13/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
65
ORDER that within 30 days of entry of this order, respondents shall file a supplemental answer addressing the Ground 1(b) claim in the 23 Amended Petition for Writ of Habeas Corpus. Within 60 days of entry of this order, petitioner shall manually file an exhibit containing an accurate copy of the audio files in the State's Exhibit 1 at Young's trial. Signed by Judge Richard F. Boulware, II on 5/13/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
59
ORDER Granting Petitioner's 57 Unopposed Motion to Extend Time re 50 Answer to Amended Habeas Petition. Petitioner has through 5/26/2017 to file a Reply. Signed by Judge Richard F. Boulware, II on 4/6/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
54
ORDER Granting 53 Motion to Extend Time to File Reply to 50 Answer to Amended Habeas Petition. Petitioner will have through January 24, 2017, to file a reply to the 50 Answer. Signed by Judge Richard F. Boulware, II on 11/28/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
47
ORDER Granting Respondents' 46 Motion to Extend Time (Fifth Request) re 23 Amended Petition for Writ of Habeas Corpus. Respondents will have through September 26, 2016, to file and serve an answer. Signed by Judge Richard F. Boulware, II on 09/14/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
45
ORDER Granting Respondents' 44 Motion to Extend Time (Fourth Request) and Motion for Late Filing re 23 Amended Petition for Writ of Habeas Corpus. Respondents will have through 9/12/2016 to file and serve an answer. Respondents' previous 39 Motion for Extension of Time (First Request) is also Granted. Signed by Judge Richard F. Boulware, II on 9/2/2016. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
41
ORDER Granting 40 Motion to Extend Time (Second Request) re 23 Amended Petition for Writ of Habeas Corpus. Respondents' answer due 8/1/2016. Signed by Judge Richard F. Boulware, II on 7/8/2016. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
29
ORDER re 23 Amended Petition for Writ of Habeas Corpus. Respondents have 45 days from the date of entry of this order to answer or otherwise respond to the First Amended Petition. If Respondents file an answer Petitioner has 45 days from the date on which the answer is served to file a reply. Signed by Judge Richard F. Boulware, II on 7/1/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
15
ORDER Granting Petitioner's 13 Motion/Application for Leave to Proceed in forma pauperis. The clerk of the court shall file the petition for a writ of habeas corpus. Petitioner's 2 MOTION for Appointment of Counsel is Granted. Th e Federal Public Defender is provisionally appointed to represent petitioner. Respondents' counsel shall enter a notice of appearance within 20 days of entry of this order. Signed by Judge Richard F. Boulware, II on 9/23/2014. (Copies have been distributed pursuant to the NEF - copy of Petition and this Order electronically sent to Attorney General and FPD - SLD)
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Filing
12
ORDER Granting Petitioner's 11 Motion for Reconsideration. The 9 Order and 10 Clerk's Judgment dismissing this action are VACATED. This action is REINSTATED. Petitioner shall file an application for leave to proceed in forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account or pay the filing fee of $5.00 accompanied by a copy of this order. Petitioner shall have 30 days from the date that this order is entered to comply. Failure to comply will result in the dismissal of this action. Signed by Judge James C. Mahan on 3/25/2014. (Copies have been distributed pursuant to the NEF - forms mailed to Petitioner - SLD)
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Filing
9
ORDER DISMISSING CASE without prejudice. The clerk shall ENTER JUDGMENT accordingly. Signed by Judge James C. Mahan on 03/01/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
7
ORDER that petitioner shall have 30 days from the date this order is ENTERED in which to either: (1) submit a new motion t o proceed in forma pauperis demonstrating that he is unable to pay the filing fee, or (2) submi t the $5.00 filing fee for this action. Signed by Judge James C. Mahan on 7/30/2012. (Copies have been distributed pursuant to the NEF - SLR)
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