BILLY RAY RILEY V. RENEE BAKER, ET AL.
| Billy Ray Riley |
| Frankie Sue Del Papa, E.K. McDaniel and Nevada State of |
| John M Warwick, IV and David K. Neidert |
| 3:2001cv00096 |
| February 16, 2001 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Robert C. Jones |
| Death Penalty - Habeas Corpus |
| 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
260
ORDER denying Petitioner's ECF Nos. 257 , 258 requests for copies; denying Petitioner's ECF No. 259 Motion to Dismiss. Signed by Judge Robert C. Jones on 9/28/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
251
ORDER that Respondents' Motion for Rule 60(B) Relief from Judgment ECF No. 240 is DENIED. Signed by Judge Robert C. Jones on 02/16/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
238
ORDERED that petitioner's second amended petition for writ of habeas corpus (ECF No. 73 ) is GRANTED, with respect to Ground 8 of his second amended petition. The respondents shall, within 180 days from the date of this order, release petition er from custody on his conviction and sentence for first degree murder, unless, within 60 days from the date of this order, the respondents file in this case a written notice of the State's election to retry petitioner on the murder charge, and, within 180 days from the date of this order, proceedings toward the new trial on the murder charge are initiated. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Robert C. Jones on 8/19/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
234
ORDERED that respondents' Motion for Rule 60(B) Relief from Judgment (ECF No. 232 ) is DENIED. IT IS FURTHER ORDERED that, within 20 days from the entry of this order, counsel for the petitioner and counsel for the respondents shall meet a nd confer regarding the terms of a proposed order granting the petitioner habeas corpus relief pursuant to the order of the court of appeals. IT IS FURTHER ORDERED that, after counsel meet and confer, and within 30 days from the entry of this orde r, petitioner shall file a proposed order granting him habeas corpus relief pursuant to the order of the court of appeals. IT IS FURTHER ORDERED that, after petitioner files the proposed order, respondents may, if necessary, file a response within ten days, and then, if necessary, petitioner may file a reply within seven days. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden, and shall substitute Adam Paul Laxalt for Frankie Sue Del Papa, on the docket, as the respondent Attorney General of the State of Nevada, and shall update the caption of the action to reflect those changes. Signed by Judge Robert C. Jones on 5/25/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
206
ORDER. IT IS ORDERED that petitioner's 201 Motion for Reconsideration is DENIED. FURTHER ORDERED that the following clerical correction shall be made to the order entered 9/20/2010 198 : - At page 11, in the second to the last parag raph of the section entitled "Standard of Review of the Merits of Riley's Claims", the words "de novo" were omitted before the word "review". Those words shall be inserted. - At page 11, in the first paragraph of t he "Analysis - Ground 1" section, the number "1" was omitted, following the word "Ground" in the second to the last sentence of that paragraph. That number shall be inserted. - The formatting of the order shall be corrected. A corrected image of the order shall be filed in place of the image of the defective order now on file. Signed by Judge Robert C. Jones on 02/04/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
199
JUDGMENT. IT IS ORDERED AND ADJUDGED that petitioner's second amended petition for writ of habeas corpus 73 is DENIED. FURTHER ORDERED that petitioner is granted a certificate of appealability with respect to the claims made in Grounds 1A, 1B , 1C, 8, 11, 13, and 25 of his second amended petition for writ of habeas corpus (docket #73). In all other respects, petitioner is denied a certificate of appealability. Signed by Lance S. Wilson on 09/20/2010. (Copies have been distributed pursuant to the NEF - MLC)
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