Rogers v. Dzurenda

• Court: District Court, D. Nevada
• Decided: August 6, 2022
• Docket: 3:02-cv-00342
• Status: Unknown

Opinion

1 Rene L. Valladares Federal Public Defender 2 Nevada Bar No. 11479 Heather Fraley 3 Assistant Federal Public Defender Texas Bar No. 24050621 4 Heather_Fraley@fd.org Randolph M. Fiedler 5 Assistant Federal Public Defender Nevada Bar No. 12577 6 Randolph_Fiedler@fd.org 411 E. Bonneville Ave., Ste. 250 7 Las Vegas, NV 89101 (702) 388-6577 8 (702) 388-5819 (fax)

9 Attorneys for Petitioner

10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA

12 Mark Rogers, Case No. 3:02-cv-00342-GMN-WGC 13 Petitioner, Stipulated First Extension of 14 v. Time for Compliance with Sept. 24, 2019 Judgment 15 James Dzurenda, et al., DEATH PENALTY CASE 16 Respondents.

17 18 19 20 21 22 23 1 In September of 2019, this Court issued an Amended Judgment in this case, 2 granting in part Mark Roger’s Second Amended Petition for Writ of Habeas Corpus. 3 ECF No. 287. The order instructed: 4 Respondents shall either (1) within 90 days from the date of the order (ECF No. 286), vacate Petitioner’s judgment of 5 conviction and adjudge him not guilty by reason of insanity, and adjust his custody accordingly, consistent 6 with Nevada law, or (2) within 90 days from the date of the order, file a notice of the State’s intent to grant Petitioner 7 a new trial and, within 180 days from the date of the order, commence jury selection in the new trial. 8 Id. at 1. However, the judgment also stayed itself “pending the conclusion of any 9 appellate or certiorari review . . . or the expiration of the time for seeking such 10 appellate or certiorari review, whichever occurs later.” Id. at 2. 11 The expiration of time for seeking certiorari review occurred on May 16, 12 2022.1 Thus, the 90-day window of time in this Court’s judgment ends on August 15, 13 2022. The parties file this stipulation and draft order to extend the time for 14 execution of the judgment by sixty days. 15 IT IS HEREBY STIPULATED AND AGREED that: 16 1. Undersigned counsel for Mark Rogers have twice met and conferred 17 with Pershing County District Attorney R. Bryce Shields regarding this case, once 18 via telephone on June 30, 2022 and once via Zoom on July 22, 2022. The parties 19 have made progress on agreeing to a just result in Mr. Rogers’s State proceedings, 20 however, the parties have not been able to complete these conversations and 21 additional time is required. 22

23 1 See Rogers v. Dzurenda, 25 F.4th 1171 (Feb. 14, 2022); see also S. Ct. R. 13. 1 2. The parties agreed to ask that this Court extend the deadlines by sixty 2 days so that they may continue these discussions. 3 4 DATED Aug. 2, 2022. DATED Aug. 2, 2022.

5 RENE L. VALLADARES AARON D. FORD Federal Public Defender Attorney General 6

7 /s/ Heather Fraley /s/ Erica F. Berrett Heather Fraley (Bar No. 24050621) Erica F. Berrett (Bar No. 13826) 8 Assistant Federal Public Defender Senior Deputy Attorney General 555 E. Washington Ave. Ste. 3900 9 /s/ Randolph M. Fiedler Las Vegas, Nevada 89101 Randolph M. Fiedler (Bar No. 12577) Attorney for Respondents 10 Assistant Federal Public Defender

11 411 E. Bonneville Ave. Ste. 250 Las Vegas, Nevada 89101 12 Attorneys for Petitioner

13 14 15 16 17 18 19 20 21 22 23 1 ORDER 2 The parties have submitted a stipulation requesting this Court to extend the 3 deadlines in its September 24, 2019 Order by sixty days. Based on this stipulation 4 and for good cause shown:

5 IT IS ORDERED that the deadlines from this Court’s September 24, 2019 6 Order are vacated. 7 IT IS FURTHER ORDERED that Respondents shall either (1) by October 8 14, 2022, vacate Petitioner’s judgment of conviction and adjudge him not guilty by 9 reason of insanity, and adjust his custody accordingly, consistent with Nevada law, 10 or (2) by October 14, 2022, file a notice of the State’s intent to grant Petitioner a 11 new trial and, by December 13, 2022, commence jury selection in the new trial. 12

13 Dated this _6 ___ day of _____A_u__g_u_s_t_ _____, 2022. 14

15 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 16

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