Rogers v. Dzurenda

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 Second 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 ended on August 13 15, 2022. This Court accepted a stipulation between the parties filed August 2, 2022 14 to extend the deadline to October 14, 2022. As discussions between the parties 15 remain ongoing, the parties file this stipulation and draft order to extend the time 16 for execution of the judgment by forty-five days, to November 28, 2022. 17 IT IS HEREBY STIPULATED AND AGREED that: 18 1. Undersigned counsel for Mark Rogers have, since entry of the previous 19 stipulation, twice met and conferred with Pershing County District Attorney R. 20 Bryce Shields regarding this case, once via telephone on August 19, 2022 and once 21 via telephone on September 30, 2022. The parties have made further progress on 22

23 1 See Rogers v. Dzurenda, 25 F.4th 1171 (Feb. 14, 2022); see also S. Ct. R. 13. 1 agreeing to a just result in Mr. Rogers’s State proceedings, however, the parties 2 have not been able to complete these conversations and additional time is required. 3 2. The parties agreed to ask that this Court extend the deadlines by 4 forty-five days to and including November 28, 2022 so that they may continue these

5 discussions. 6 7 DATED October 14, 2022. DATED October 14, 2022. 8 RENE L. VALLADARES AARON D. FORD Federal Public Defender Attorney General 9

10 /s/ Heather Fraley /s/ Erica F. Berrett Heather Fraley (Bar No. 24050621) Erica F. Berrett (Bar No. 13826) 11 Assistant Federal Public Defender Senior Deputy Attorney General 555 E. Washington Ave. Ste. 3900 12 /s/ Randolph M. Fiedler Las Vegas, Nevada 89101 Randolph M. Fiedler (Bar No. 12577) Attorney for Respondents 13 Assistant Federal Public Defender

14 411 E. Bonneville Ave. Ste. 250 Las Vegas, Nevada 89101 15 Attorneys for Petitioner

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 August 6, 2022 Order by forty-five days. Based on this stipulation 4 and for good cause shown:

5 IT IS ORDERED that the deadlines from this Court’s August 6, 2022 Order 6 are vacated. 7 IT IS FURTHER ORDERED that Respondents shall either (1) by 8 November 28, 2022, vacate Petitioner’s judgment of conviction and adjudge him not 9 guilty by reason of insanity, and adjust his custody accordingly, consistent with 10 Nevada law, or (2) by November 28, 2022, file a notice of the State’s intent to grant 11 Petitioner a new trial and, by January 27, 2023, commence jury selection in the new 12 trial.

13 14 Dated this _1_4__ day of __O__ct_o_b_e_r_________, 2022. 15 16 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23