April 15, 2025 |
Filing
73
ORDER. IT IS THEREFORE ORDERED that the First Amended Petition for Writ of Habeas Corpus (ECF No. 28 ) is GRANTED as to Grounds 2.2, 3, 4, and 8. Petitioner George Chester Arthur's judgment of conviction filed on July 3, 2008, in case number C2 32797, in the Eighth Judicial District Court for the State of Nevada is vacated. Within 120 days of the later of (1) the conclusion of any proceedings seeking appellate or certiorari review of this Court's judgment, if affirmed, or (2) the expir ation for seeking such appeal or review, Arthur shall be released from all custody and/or other restraints, including parole or other supervision, unless the State files a written election in this matter of its intention to retry Arthur and thereafte r commences jury selection. IT IS FURTHER ORDERED that, to the extent necessary, a certificate of appealability is denied for Grounds 1, the remainder of 2, 5, 6, 7, 9, 10, and 11. IT IS FURTHER ORDERED that the Clerk of the Court (1) enter jud gment accordingly, (2) provide a copy of this order and the judgment to the Clerk of the Eighth Judicial District Court for the State of Nevada in connection with that court's case number C232797, and (3) close this case. Signed by Judge Richard F. Boulware, II on 4/15/2025. (Copies have been distributed pursuant to the NEF - RJDG)
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August 13, 2019 |
Filing
65
ORDER Granting 64 Motion to Extend Time re 28 Amended Petition for Writ of Habeas Corpus. Petitioner will have through 8/26/19, to file a reply to 58 the answer. Signed by Judge Richard F. Boulware, II on 8/13/2019. (Copies have been distributed pursuant to the NEF - ADR)
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July 11, 2019 |
Filing
62
ORDER granting 61 Motion to Extend Time Re: 28 Amended Petition for Writ of Habeas Corpus. Reply due 8/12/2019. Signed by Judge Richard F. Boulware, II on 7/11/2019. (Copies have been distributed pursuant to the NEF - JM)
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April 12, 2019 |
Filing
60
ORDER Granting 59 Motion to Extend Time Re: 58 Answer to Amended Habeas Petition re 28 Amended Petition. Replies due by 7/11/2019. Signed by Judge Richard F. Boulware, II on 4/12/2019. (Copies have been distributed pursuant to the NEF - ADR)
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January 28, 2019 |
Filing
57
ORDER Granting 56 Motion to Extend Time, and the time for respondents to file an answer to the first amended petition is extended up to and including 2/25/19. Signed by Judge Richard F. Boulware, II on 1/28/2019. (Copies have been distributed pursuant to the NEF - ADR)
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December 11, 2018 |
Filing
55
ORDER. IT IS ORDERED that 51 Respondents' original motion to dismiss is DENIED as moot. IT FURTHER IS ORDERED that 52 Respondents' amended motion to dismiss is GRANTED in part. IT FURTHER IS ORDERED that Respondents shall have forty-five (45) days from the date of entry of this order to file and serve an answer. Signed by Judge Richard F. Boulware, II on 12/11/2018. (Copies have been distributed pursuant to the NEF - ADR)
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January 9, 2018 |
Filing
49
ORDER. IT IS ORDERED that 48 respondents' unopposed motion for court to issue briefing schedule is GRANTED. Petitioner will have ninety (90) days from the date of entry of this order to file and serve Exhibits 71, 73, 75, 76, 78, 83, 93, and 104. Respondents will have thirty (30) days from the date of service of those exhibits to file and serve an answer or other response to 28 the first amended petition. Signed by Judge Richard F. Boulware, II on 1/9/2018. (Copies have been distributed pursuant to the NEF - ADR)
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December 12, 2017 |
Filing
47
ORDER. IT IS ORDERED that 45 respondents' motion for extension of time (second request) is GRANTED. Respondents will have through 12/20/17, to respond to 28 the amended petition. Signed by Judge Richard F. Boulware, II on 12/12/2017. (Copies have been distributed pursuant to the NEF - ADR)
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August 28, 2017 |
Filing
43
ORDER Granting 42 Motion to Extend Time re 28 First AMENDED PETITION for Writ of Habeas Corpus. Respondents answer due 11/20/2017. Signed by Judge Richard F. Boulware, II on 8/28/17. (Copies have been distributed pursuant to the NEF - ADR)
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August 22, 2017 |
Filing
41
ORDER. IT IS ORDERED that 27 petitioner's motion to lift stay is GRANTED. The clerk of the court shall reopen this action. IT IS FURTHER ORDERED that 34 petitioner's motion for leave to file exhibits under seal is GRANTED. IT IS FURTHER ORDERED that 37 petitioner's motion to partially waive local rule IA 10-3(e) is GRANTED. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date of entry of this order to answer or otherwise respond to 28 the first amended petition. Signed by Judge Richard F. Boulware, II on 8/22/17. (Copies have been distributed pursuant to the NEF - ADR)
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December 29, 2015 |
Filing
20
ORDER Granting Petitioner's 19 Motion for an Extension of Time (Second Request). First amended petition for a writ of habeas corpus due by 2/29/2016. Signed by Judge Richard F. Boulware, II on 12/29/2015. (Copies have been distributed pursuant to the NEF - NEV)
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November 4, 2015 |
Filing
18
ORDER Granting 17 Motion to Extend Time. Amended Petition due by 12/31/2015. Signed by Judge Richard F. Boulware, II on 11/4/15. (Copies have been distributed pursuant to the NEF - TR)
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July 2, 2015 |
Filing
14
ORDER Granting Petitioner's 5 Motion/Application for Leave to Proceed in forma pauperis. Petitioner need not pay any further filing fees ($5.00). Petitioner's 2 and 4 Motions to Appoint Counsel are Granted. The Federal Pub lic Defender is provisionally appointed to represent Petitioner. The Federal Public Defender has 30 days from the date that this Order is entered to undertake direct representation of Petitioner or to indicate to the court his inability to represe nt Petitioner in these proceedings. The clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for Respondents. The hard copy of any additional state court record exhibits shall be forwarded to the staff attorneys in Las Vegas. Petitioner's 10 Motion to have the Petition marked as Filed is Denied as moot. Signed by Judge Richard F. Boulware, II on 7/2/2015. (Copies have been distributed pursuant to the NEF - copy mailed to Petitioner - SLD)
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