Filed: Jul. 18, 2019
Latest Update: Jul. 18, 2019
Summary: STIPULATION AND PROPOSED ORDER MIRANDA M. DU , District Judge . On July 5, 2019, this Court adopted the parties proposed stipulation describing the process for recommending of and assistance for a Court's expert to determine "whether Lisle is competent to make [a waiver of further proceedings] and whether his waiver is knowing, intelligent, and voluntary." ECF No. 358 at 5; ECF No. 363 at 6. Since that time, the parties have attempted to contact eleven potential experts. Communications wit
Summary: STIPULATION AND PROPOSED ORDER MIRANDA M. DU , District Judge . On July 5, 2019, this Court adopted the parties proposed stipulation describing the process for recommending of and assistance for a Court's expert to determine "whether Lisle is competent to make [a waiver of further proceedings] and whether his waiver is knowing, intelligent, and voluntary." ECF No. 358 at 5; ECF No. 363 at 6. Since that time, the parties have attempted to contact eleven potential experts. Communications with..
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STIPULATION AND PROPOSED ORDER
MIRANDA M. DU, District Judge.
On July 5, 2019, this Court adopted the parties proposed stipulation describing the process for recommending of and assistance for a Court's expert to determine "whether Lisle is competent to make [a waiver of further proceedings] and whether his waiver is knowing, intelligent, and voluntary." ECF No. 358 at 5; ECF No. 363 at 6.
Since that time, the parties have attempted to contact eleven potential experts. Communications with potential experts is more difficult as the parties seek to comply with their agreement, adopted by the Court to, share all communications with potential experts with the other side, either by inclusion on e-mails or through conference calls. ECF No. 363 at 2.
The parties have received some responses from potential experts, but will still need to review responses, vet those experts, and see if they can reach agreement as to a recommended expert. Alternatively, the parties will be forwarding separate recommendations to the Court.
As a separate matter, David Anthony, the Capital Habeas Unit Chief, will be on personal leave from July 19-28, 2019. Mr. Anthony would need to approve the Petitioner's position regarding this issue.
The parties respectfully request that the time to submit a proposed agreed upon expert, or separate recommendations of an expert (two per side) until August 9, 2019, rather than the originally stipulated date of July 17, 2019.
DATED this 17th day of July, 2019.
RENE L. VALLADARES AARON FORD
Federal Public Defender Nevada Attorney General
/s/ David Anthony /s/ Michael Bongard
DAVID ANTHONY MICHAEL BONGARD
Assistant Federal Public Defender Deputy Attorney General
/s/Erik R. Guenther
ERIK R. GUENTHER
Assistant Federal Public Defender
/s/ Stacy M. Newman
STACY M. NEWMAN
Assistant Federal Public Defender
ORDER
Based on the stipulation and for good cause shown, it is hereby ordered that the Court agrees that the parties may have until August 9, 2019, to forward a joint recommendation for a Court's expert to determine "whether Lisle is competent to make [a waiver of further proceedings] and whether his waiver is knowing, intelligent, and voluntary." If they are unable to reach agreement, then each side is to forward two names to the Court by August 9, 2019.
