RICKY D. SECHREST V. RENEE BAKER, ET AL
| 3:1992cv00536 |
| August 3, 1992 |
| US District Court for the District of Nevada |
| Reno Office |
| Robert A. McQuaid |
| Edward C. Reed |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
229
ORDER Clerk shall reopen action. Petitioner shall have 30 days to file status report. Response due 20 days thereafter. Reply due 15 days following response. Signed by Judge Howard D. McKibben on 11/24/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
213
ORDER GRANTING 209 Motion to Stay New Sentencing. The provision of the 206 order and 207 judgment of September 14, 2011, requiring that "within 120 days of the date of entry of this order the State of Nevada shall either (1) grant petiti oner a new penalty phase trial, and initiate proceedings relative to that new penalty phase trial, or (2) vacate petitioner's death sentences and impose upon him non-capital sentences, consistent with law," is stayed pending petitioner' ;s appeal to the Ninth Circuit Court of Appeals. The stay of that provision of the judgment shall be lifted when the Ninth Circuit Court of Appeals issues its mandate with respect to petitioner's appeal. The 120-day period, within which the Stat e of Nevada must initiate a new sentencing hearing or re- sentence Sechrest to noncapital sentences, shall begin to run when a mandate regarding petitioner's appeal is issued by the court of appeals. Signed by Judge Edward C. Reed, Jr on 10/31/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
207
JUDGMENT - P's # 179 Fourth amended petition for writ of habeas corpus is DENIED with respect to Grounds 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L, 2M, 2N, 2O, 2P, 2Q, 2R, 3, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4I, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18. FURTHER ORD that P's # 179 Fourth amended petition for writ of habeas corpus is GRANTED with respect to Grounds 1 and 5. FURTHER ORD that by 1/12/2012 the State of Nevada shall either (1) grant P a new penalty phase tri al, and initiate proceedings relative to that new penalty phase trial, or (2) vacate P's death sentences and impose upon him non-capital sentences, consistent with law. FURTHER ORD that P is granted a certificate of appealability with respect to Ground 4A of his # 179 Fourth amended petition for writ of habeas corpus. Signed by Clerk of Court, Lance S. Wilson on 9/14/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
206
ORDERED that Rs' # 202 "Motion to File a Pleading in Excess of Twenty Pages" is GRANTED. The court grants Rs leave of court to file their 28-page # 203 Response to P's reply. As the response to reply has already been filed, the Clerk of the Court need take no action in this regard. FURTHER ORD that P's # 194 Motion for Evidentiary Hearing is DENIED. FURTHER ORD that P's # 179 Fourth amended petition for writ of habeas corpus is DENIED with respect to Gr ounds 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L, 2M, 2N, 2O, 2P, 2Q, 2R, 3, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4I, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18. FURTHER ORD that P's # 179 Fourth amended petition for writ of habeas c orpus is GRANTED with respect to Grounds 1 and 5. FURTHER ORD that by 1/12/2012 theState of Nevada shall either (1) grant P a new penalty phase trial, and initiate proceedingsrelative to that new penalty phase trial, or (2) vacate P' s death sentences and impose upon him non-capital sentences, consistent with law. FURTHER ORD that P is granted a certificate of appealability with respect to Ground 4A of his # 179 Fourth amended petition for writ of habeas corpus. FURTHER ORD that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Edward C. Reed, Jr on 9/13/2011. (Copies have been distributed pursuant to the NEF - DRM)
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