MARK ROGERS V. E.K. MCDANIEL, ET AL.
| Mark Rogers |
| Jackie Crawford, Frankie Sue Del Papa and E.K. McDaniel |
| Mary Beth Gardner and Brian Abbington |
| 3:2002cv00342 |
| July 8, 2011 |
| 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) |
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The following documents for this case are available for you to view or download:
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Filing
309
ORDER granting ECF No. 307 Motion to Extend Time. Responses due by 6/10/2024. Signed by Judge Gloria M. Navarro on 2/8/2024. (Copies have been distributed pursuant to the NEF - GA)
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Filing
302
ORDER granting ECF No. 301 Stipulation for Extension of Time (second request). The parties have submitted a stipulation requesting this Court to extend the deadlines in its August 6, 2022 Order (ECF No. 300 ) by forty-five days. Based on this stipulation and for good cause shown: IT IS ORDERED that the deadlines from this Court's August 6, 2022 Order are vacated. IT IS FURTHER ORDERED that Respondents shall either (1) by November 28, 2022, vacate P etitioner's judgment of conviction and adjudge him not guilty by reason of insanity, and adjust his custody accordingly, consistent with Nevada law, or (2) by November 28, 2022, file a notice of the State's intent to grant Petitioner a new trial and, by January 27, 2023, commence jury selection in the new trial. Signed by Judge Gloria M. Navarro on 10/14/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
300
ORDER granting ECF No. 299 Stipulation. IT IS ORDERED that the deadlines from this Courts September 24, 2019 Order are vacated.IT IS FURTHER ORDERED that Respondents shall either (1) by October 14, 2022, vacate Petitioners jud gment of conviction and adjudge him not guilty by reason of insanity, and adjust his custody accordingly, consistent with Nevada law, or (2) by October 14, 2022, file a notice of the States intent to grant Petitioner a new trial and, by December 13, 2022, commence jury selection in the new trial. (Notice of Compliance is due by 10/14/2022.) Signed by Judge Gloria M. Navarro on 8/6/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
286
ORDER granting Petitioner habeas corpus relief with respect to Ground 5, denying relief with respect to the other remanded claims; directing Respondents within 90 days to either (1) vacate Petitioner's judgment of conviction or (2) file a notice of intent to grant Petitioner a new trial; denying Petitioner a certificate of appealability as to claims on which he is not granted habeas relief; staying the judgment pending the conclusion of any appellate or certiorari review in the USCA or USSC; directing Clerk to enter an amended judgment in this action (see order for details). Signed by Judge Gloria M. Navarro on 9/23/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
283
ORDER EXTENDING TIME FOR RESPONDENTS' BRIEF. Respondents' Motion for Enlargement of Time ECF No. 281 is GRANTED; Respondents' brief ECF No. 282 will be treated as timely filed. Signed by Chief Judge Gloria M. Navarro on 1/31/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
280
ORDER that Respondents' Motion for Enlargement of Time (ECF No. 279 ) is GRANTED. Respondents will have until and including January 29, 2019, to file their post-hearing brief. Petitioner will then have 14 days to file a reply. Signed by Chief Judge Gloria M. Navarro on 1/23/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
265
ORDER that the petitioner's "Motion Permitting Mobile Phone at Prison" (ECF No. 259 ) is GRANTED. Respondents shall allow the petitioner's counsel to possess and use a mobile telephone at Ely State Prison during the evide ntiary hearing in this case. Petitioner's counsel shall use the mobile telephone at Ely State Prison during the evidentiary hearing only for text messaging and telephone calls with co-counsel, and for no other purpose; shall not, at Ely State Pr ison, use the mobile telephone to take any photograph, or to make any audio or video recording; and shall, at Ely State Prison, keep the mobile telephone in his or her possession at all times, and shall not allow any other person to possess it. Signed by Chief Judge Gloria M. Navarro on 10/12/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
262
ORDER that the petitioner's "Emergency Motion to Expedite Resolution of Motion for Order Permitting Mobile Phone at Prison" (ECF No. 258 ) is GRANTED. Respondents will have until 1:00 p.m. on October 11, 2018, to respond to the Motion Permitting Mobile Phone at Prison. Thereafter, Rogers will have until 10:00 a.m. on October 12, 2018, to file a reply, if necessary. Signed by Chief Judge Gloria M. Navarro on 10/10/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
251
ORDERED that the petitioner's "Unopposed Motion for Petitioner Mark Rogers to Appear by Video" (ECF No. 245 ) is GRANTED IN PART AND DENIED IN PART as follows : Petitioner's request for the petitioner, Mark Rogers , to appear at the evidentiary hearing by video is granted. Respondents are to make arrangements at the prison where the petitioner is incarcerated to have the petitioner appear by video at the evidentiary hearing. Petitioner is t o file a notice, within one week from the date of this order, stating whether an attorney representing the petitioner will be present at the prison to consult with the petitioner during the evidentiary hearing. The status conference set fo r October 2, 2018, at 10:00 a.m. is vacated. Petitioner's request to appear by video at the October 2, 2018, status conference is denied as moot. The Clerk substitute James Dzurenda for James G. Cox, and shall substitute William Gittere, for Renee Baker, on the docket for this case. Signed by Chief Judge Gloria M. Navarro on 9/11/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
243
ORDER granting ECF No. 241 Stipulation to Depose Trial Counsel Robert A. Bork. Signed by Chief Judge Gloria M. Navarro on 8/28/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
240
ORDER that Petitioner's Unopposed Motion to File Prehearing Brief in Excess of Page Limit ECF No. 231 is GRANTED; Petitioner's pre-hearing brief and Respondents' responsive pre-hearing brief are not to exceed 35 pages; reply brief is not to exceed 20 pages. Signed by Chief Judge Gloria M. Navarro on 8/12/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
235
ORDER that Petitioner's Unopposed Motion to File Prehearing Brief in Excess of Page Limit (ECF No. 231 ) is GRANTED. Petitioner's pre-hearing brief is not to exceed 35 pages; Respondents' responsive pre-hearing brief is not to exceed 35 pages; any reply brief filed by Petitioner is not to exceed 20 pages. Signed by Chief Judge Gloria M. Navarro on 8/8/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
230
ORDER that the parties' stipulation, filed on July 12, 2018 (ECF No. 229 ) is approved. Signed by Chief Judge Gloria M. Navarro on 7/17/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
225
ORDER that ECF No. 224 petitioner's Emergency Motion to Expedite Resolution of Motion is GRANTED. Respondents are directed to respond to ECF No. 223 motion for disclosure of Rogers' medical and institutional records on or befo re 6/29/2018. Petitioner will then have three days to reply. The Court will not look favorably upon any motion to extend this briefing schedule. Signed by Chief Judge Gloria M. Navarro on 6/25/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
222
ORDER that ECF No. 221 Stipulation to Continue Evidentiary Hearing is APPROVED. Roger's Pre-Hearing brief due by 8/8/2018. Respondents' response due by 8/22/2018. Reply brief due by 8/29/2018. Witness and Exh ibit List due by 9/7/2018. Pre-Hearing Motions due by 9/14/2018. Evidentiary Hearing continued to 10/22/2018 at 1:00 PM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 3/14/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
217
ORDER granting ECF No. 216 Motion to Amend Evidentiary Hearing Scheduling Order. Evidentiary Hearing set for 6/25/2018 at 09:00 A.M. in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Rogers' brief due by 4/13/2018< /b>. Respondents' response due by 4/27/2018. Reply brief due by 5/4/2018. Witness and Exhibit Lists due by 5/11/2018. Pre-hearing Motions due by 5/18/2018. See Order for specific details and information. Signed by Chief Judge Gloria M. Navarro on 11/28/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
215
ORDERED that Grounds 9, 10, 12, 14, 15, 17, 26 and 28 of petitioner's second amended petition for writ of habeas corpus (ECF No. 77 ) are dismissed; in addition, all claims in Grounds 16 and 18 other than claims of ineffective assistance of trial counsel are dismissed. FURTHER ORDERED that petitioner's Motion for Evidentiary Hearing (ECF No. 204 ) is granted in part and denied in part. The Motion for Evidentiary Hearing is granted with respect to Ground 5; the Motion for Evidentiary Hearing is denied in all other respects. IT IS FURTHER ORDERED that the following schedule will govern the evidentiary hearing: The Evidentiary Hearing will commence on April 23, 2018, at 9:00 a.m., in the courtroom of the undersigned United States District Judge. (See pdf order for additional deadlines and spcifics.) Signed by Chief Judge Gloria M. Navarro on 11/6/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
213
ORDER that Respondents' Motion to Amend Order ECF No. 210 is GRANTED;Respondents will have 30 days from the date of this order to file a response to petitioner's reply. The Court will not be included to extend this deadli ne. IT IS FURTHER ORDERED that Respondents' Motion for Leave to Supplement Respondents' Answer with New Authority ECF No. 211 is GRANTED. Respondents have already filed the supplement to their answer ECF No. 212 , no further action is required in this regard. Signed by Chief Judge Gloria M. Navarro on 07/10/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
200
ORDER that Grounds 1, 2, and 8 of Petitioner's Second Amended Petition for Writ of Habeas Corpus ECF No. 77 are dismissed; Petitioner's Motion fro Evidentiary Hearing ECF No. 175 is DENIED without prejudice; Respondents to file an answer, within 45 days, to Grounds 12, 14, 15, 16, 17, 18, 26 and 28 of Rogers' second amended habeas petition and, if necessary, supplementing their answer to Grounds 5, 9, and 10 of Rogers' second amended habeas petition; thereafter, Rogers will have 30 days to file a reply; Petitioner may file a motion for evidentiary hearing in conjunction with, but separately from, his reply to respondents answer. Respondents will then have 20 days to respond to that motion, and petitioner wi ll thereafter have 15 days to file a reply in support of the motion; the Court will not look favorably upon any motion to extend the schedule set by this order. Signed by Chief Judge Gloria M. Navarro on 03/01/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
192
ORDER granting 191 Motion to Extend Time. Replies for 175 Motion due by 12/12/2016. Signed by Chief Judge Gloria M. Navarro on 10/17/16. (Copies have been distributed pursuant to the NEF - JM)
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Filing
187
ORDERED that respondents' motions for extension of time (ECF Nos. 185 and 186 ) are GRANTED. Respondents shall have until and including September 12, 2016, to file their responsive brief regarding the issues on remand and their response to p etitioner's motion for evidentiary hearing. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings in this case shall be governed by the order entered August 25, 2015 (ECF No. 167 ), and the order entered April 27, 2016 (ECF No. 176 ). Signed by Chief Judge Gloria M. Navarro on 8/29/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
172
ORDERED that petitioner shall have until and including April 25, 2016, to file and serve a brief setting forth his position with respect to each of the issues to be addressed on the remand of this case from the court of appeals, as described in the # 167 Order entered August 25, 2015. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings in this case shall be governed by the # 167 Order entered August 25, 2015. Signed by Chief Judge Gloria M. Navarro on 3/29/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
169
ORDERED that petitioner shall have until and including March 24, 2016, to file and serve a brief setting forth his position with respect to each of the issues to be addressed on the Remand of this case from the court of appeals (# 162 ), as describe d in the # 167 Order entered August 25, 2015. FURTHER ORDERED that, in all other respects, the schedule for further proceedings in this case shall be governed by the # 167 Order entered August 25, 2015. Signed by Chief Judge Gloria M. Navarro on 11/3/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
167
ORDERED that petitioner shall have until 10/24/2015 to file and serve a brief setting forth his position with respect to each of the issues to be addressed on the remand of this case from the court of appeals. Thereafter, respondents shall have 60 days to file and serve a responsive brief. Petitioner shall then have 30 days to file a reply. Signed by Chief Judge Gloria M. Navarro on 8/25/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
145
ORDERED that P's # 77 Second amended petition for writ of habeas corpus is GRANTED IN PART AND DENIED IN PART. The # 77 Second amended petition is GRANTED with respect to Grounds 20, 21, and 23, as is specified below, and the # 77 Second am ended petition is DENIED with respect to all other claims. FURTHER ORDERED that, within 120 days of the date of entry of this order, the State of Nevada shall either (1) grant P a new penalty-phase trial, and initiate proceedings relative to that new penalty-phase trial, or (2) vacate P's death sentence and impose upon him a non-capital sentence, consistent with law. ( Notice of Compliance is due by 11/5/2011.) FURTHER ORDERED P is denied a certificate of appealability. FURTHER ORDERED the Clerk of the Court shall enter judgment accordingly Signed by Judge Edward C. Reed, Jr on 7/8/2011. (Copies have been distributed pursuant to the NEF - DRM)
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