04.Issue.2021
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In the Supreme Court of the State of Nevada Nevada
IN THE SUPREME COURT OF THE STATE OF NEVADA NEVADA DEPARTMENT OF CORRECTIONS, Petitioner, Supreme Court No. 74679 vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, District Court Case No. WED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JENNIFER TOGLIATTI, DISTRICT JUDGE, Respondents, and (CAPITAL CASE) SCOTT RAYMOND DOZIER, Real Party in Interest THE STATE OF NEVADA, THROUGH THE CLARK COUNTY DISTRICT ATTORNEY, Petitioner, Supreme Court No. 74722 vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JENNIFER P. TOGLIATTI, DISTRICT JUDGE, Respondents, and SCOTT RAYMOND DOZIER, Real Party in Interest. AMICUS BRIEF OF AMERICAN CIVIL LIBERTIES UNION OF NEVADA FOUNDATION AND AMERICAN CIVIL LIBERTIES UNION FOUNDATION IN SUPPORT OF REAL PARTY IN INTEREST AllfiCUS BRIEF OF AMERICAN CIVIL LIBERTIES UNION OF NEVADA FOUNDATION AND AMERICAN CIVIL LIBERTIES UNION FOUNDATION IN SUPPORT OF REAL PARTY IN INTEREST Amy M. Rose (SBN 12081) American Civil Liberties Union Of Nevada 601 S. Rancho Drive, Suite B-11 Las Vegas, Nevada 89106 Telephone: (702) 366-1536 [email protected] Counsel for Amici Brian Stull* American Civil Liberties Union Foundation Capital Punishment Project 201 W. Main Street, Suite 402 Durham, North Carolina 27701 Telephone: (919) 682 - 9469 [email protected] *Admitted in North Carolina and Texas, but not Nevada TABLE OF CONTENTS TABLE OF AUTHORITIES iv STATEMENT OF IDENTITY, INTEREST, AND AUTHORITY OF AMICI vii DISCLOSURE STATEMENT PURSUANT TO NRAP 26.1 viii I. STATEMENT OF FACTS, PROCEDURE, AND INTRODUCTION 1 II. ARGUMENT 4 A. The Nevada Constitution Often Provides Broader Protections Against Government Intrusion Against the Individual than the Federal Constitution. -
BEHIND the CURTAIN: Secrecy and the Death Penalty in the United States
BEHIND THE CURTAIN: Secrecy and the Death Penalty in the United States The Death Penalty Information Center is a national non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment. Founded in 1990, DPIC promotes informed discussion of the death penalty by preparing in-depth reports, conducting briefings for journalists, and serving as a resource to those working on this issue. DPIC is funded through the generosity of individual donors and foundations, including the Roderick MacArthur Justice Center; the Open Society Foundations; Atlantic Philanthropies; the Proteus Action League; the Themis Fund; the Tides Foundation; and M. Quinn Delaney. DEATH PENALTY INFORMATION CENTER Washington, D.C. www.deathpenaltyinfo.com BEHIND THE CURTAIN: Secrecy and the Death Penalty in the United States A report by the Death Penalty Information Center Principal Author: Robin Konrad† Edited by Robert Dunham and Ngozi Ndulue TABLE OF CONTENTS 4 EXECUTIVE SUMMARY 7 SECRECY AND DEMOCRACY 9 HISTORICAL TRANSPARENCY IN EXECUTIONS 10 LETHAL INJECTION: THE CURRENT METHOD OF EXECUTION 14 THE SECRECY LANDSCAPE 14 New Drug Secrecy Laws 21 Secrecy in Viewing the Execution Itself 24 WHAT IS THERE TO HIDE? 25 Purported Reasons for Secrecy 32 Setting Aside the Veil: Uncovering Incompetence, Illegality, and Deception 33 The Incompetent Physician-Executioner 35 Illegal Importation of Drugs 39 Compounding Pharmacies with Questionable Practices 42 Misrepresenting Facts to Obtain Drugs 45 Swapping Drugs and Paying Cash for Drugs 46 THE COST OF SECRECY: AN ACCOUNT FROM OKLAHOMA 49 EVOLVING STANDARDS OF DECENCY 54 PROBLEMATIC EXECUTIONS USING NEW DRUG FORMULAS 55 Florida 56 Ohio 57 Oklahoma 60 Arizona 62 Alabama 63 Virginia 65 Arkansas 66 Tennessee 67 Nebraska 69 CONCLUSION EXECUTIVE SUMMARY During the past seven years, states have begun conducting executions with drugs and drug combinations that have never been tried before. -
Motion for Preliminary Injunction & Stay of Execution
Case 3:21-cv-00176-RFB-CLB Document 98 Filed 06/18/21 Page 1 of 26 1 RENE L. VALLADARES Federal Public Defender 2 Nevada Bar No. 11479 DAVID ANTHONY 3 Assistant Federal Public Defender Nevada Bar No. 7978 4 [email protected] BRAD D. LEVENSON 5 Assistant Federal Public Defender California Bar No. 166073 6 [email protected] TIMOTHY R. PAYNE 7 Assistant Federal Public Defender Ohio Bar No. 0069329 8 [email protected] 411 E. Bonneville, Ste. 250 9 Las Vegas, Nevada 89101 (702) 388-6577 10 (702) 388-5819 (Fax) 11 Attorneys for Zane M. Floyd 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 ZANE M. FLOYD, Case No. 3:21-cv-00176-RFB-CLB 15 Plaintiff, MOTION FOR PRELIMINARY INJUNCTION AND STAY OF 16 v. EXECUTION 17 CHARLES DANIELS, Director, Nevada (DEATH PENALTY CASE) Department of Corrections, et al., 18 EXECUTION WARRANT SOUGHT Defendants. BY THE STATE FOR THE WEEK 19 OF JULY 26, 2021 20 21 22 23 Case 3:21-cv-00176-RFB-CLB Document 98 Filed 06/18/21 Page 2 of 26 1 TABLE OF CONTENTS 2 I. FACTUAL BACKGROUND ............................................................................... 2 3 A. The State was unable to execute volunteer Scott Dozier using its 2018 execution protocol. ........................................................................... 2 4 5 B. The Clark County District Attorney announced that he intended to seek Floyd’s execution. ............................................................................. 4 6 7 C. The defendants repeatedly argued for delaying litigation until the execution protocol was finalized. ............................................................. 5 8 D. NDOC released its novel four-drug execution protocol on June 10, 9 2021. .......................................................................................................... 8 10 II. -
A-18-777312-B
Electronically Filed 7/10/2018 10:04 AM Steven D. Grierson CLERK OF THE COURT A-18-777312-B Department 27 Case Number: A-18-777312-B EXHIBIT 1 Nevada’s new $860,000 execution chamber is finished but gathering dust – Las Vegas Review-Journal 103°F Home >> Crime Nevada’s new $860,000 execution chamber is finished but gathering dust CLOSE A view of the gurney inside the newly completed execution chamber at Ely State Prison on Nov. 10, 2016. Courtesy the Nevada Department of Corrections By SEAN WHALEY LAS VEGAS REVIEW-JOURNAL CLOSE November 27, 2016 - 11:55 pm More in Crime CARSON CITY — Nevada’s new execution chamber at Ely State Prison is finished, but there is no expectation it will be used anytime soon. Henderson judge ordersThe stateHenderson can no woman longer obtainshot Adult, the drugs not teenit needs was to proceedLas Vegas with an lawyer execution. linked Man, 39, fatally shot in Las 2 teens to stand trial in in head, left in burning victim of sex assault in to death of drug North Las Vegas inve shooting death apartment Las Vegas underpass informant airlin Nearly $860,000 was approved for the new chamber by the 2015 Legislature to replace the death chamber at the now closed Nevada State Prison in Carson City. https://www.reviewjournal.com/crime/nevadas-new-860000-execution-chamber-is-finished-but-gathering-dust/[7/9/2018 10:50:52 PM] Nevada’s new $860,000 execution chamber is finished but gathering dust – Las Vegas Review-Journal Nevada has the death penalty and is required by law to use lethal injection for executions, but its supply of one of the drugs has expired and drug companies will no longer provide the chemicals to the state for such purposes. -
COMPLAINT for 13 Vs
Case 3:21-cv-00317-RFB-CLB Document 1 Filed 07/23/21 Page 1 of 18 JENNIFER B. SHOMSHOR 1 Nevada Bar No. 13248 2 CHRISTOPHER M. PETERSON Nevada Bar No. 13932 3 NICOLE C. LEVY Nevada Bar No. 15061 4 AMERICAN CIVIL LIBERTIES UNION OF NEVADA 601 South Rancho Drive, Suite B-11 5 Las Vegas, NV 89106 6 Tel./Fax. (702) 830-9205 / (702) 366-1331 Email: [email protected] 7 Email: [email protected] Email: [email protected] 8 Attorneys for Plaintiffs 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 Nevada Press Association, Case Number 12 Plaintiff(s), VERIFIED COMPLAINT FOR 13 vs. TEMPORARY RESTRAINING 14 ORDER AND PRELIMINARY Steve Sisolak, Governor; Charles Daniels, Director INJUCTION 15 of the Nevada Department of Corrections; William Allan Gittere, Warden of Ely State Prison; the State 16 of Nevada, ex. rel. Department of Corrections (NDOC); and Does 1–10, Unknown NDOC 17 Personnel, in their official capacities as Agents of 18 NDOC 19 Defendant(s). 20 21 COMES NOW Nevada Press Association, by and through undersigned counsel, and in 22 accordance with Fed. R. Civ. P. 65 and the equitable powers of this Court, to request that the Court 23 enter a Preliminary Injunction and Temporary Restraining Order, and in support thereof, state: 24 PARTIES 25 1. Plaintiff Nevada Press Association is the formal trade organization for news publications 26 in the state of Nevada. It is a voluntary non-profit organization that represents daily and weekly Page 1 of 18 Case 3:21-cv-00317-RFB-CLB Document 1 Filed 07/23/21 Page 2 of 18 1 news publications in Nevada and the Lake Tahoe region of Northern California, as well as online 2 news services, magazines and others. -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Rene L
Case 3:21-cv-00176-RFB-CLB Document 120 Filed 07/01/21 Page 1 of 72 1 RENE L. VALLADARES Federal Public Defender 2 Nevada Bar No. 11479 DAVID ANTHONY 3 Assistant Federal Public Defender Nevada Bar No. 7978 4 [email protected] BRAD D. LEVENSON 5 Assistant Federal Public Defender California Bar No. 166073 6 [email protected] TIMOTHY R. PAYNE 7 Assistant Federal Public Defender Ohio Bar No. 0069329 8 [email protected] 411 E. Bonneville, Ste. 250 9 Las Vegas, Nevada 89101 (702) 388-6577 10 (702) 388-5819 (Fax) 11 Attorneys for Zane M. Floyd 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 ZANE M. FLOYD, Case No. 3:21-cv-00176-RFB-CLB 15 Plaintiff, 16 v. 17 CHARLES DANIELS, Director, Nevada AMENDED COMPLAINT FOR Department of Corrections; HAROLD INJUNCTIVE AND 18 WICKHAM, NDOC Deputy Director of DECLARATORY RELIEF DUE TO Operations; WILLIAM GITTERE, PROPOSED METHOD OF 19 Warden, Ely State Prison; WILLIAM EXECUTION PURSUANT TO 42 REUBART, Associate Warden at Ely State U.S.C. § 1983 20 Prison; DAVID DRUMMOND, Associate Warden at Ely State Prison; IHSAN (DEATH PENALTY CASE) 21 AZZAM, Chief Medical Officer of the State of Nevada; DR. MICHAEL MINEV, NDOC EXECUTION WARRANT SOUGHT 22 Director of Medical Care, DR. DAVID BY THE STATE FOR THE WEEK GREEN, NDOC Director of Mental Health OF JULY 26, 2021 23 Case 3:21-cv-00176-RFB-CLB Document 120 Filed 07/01/21 Page 2 of 72 1 Care, LINDA FOX, NDOC Director of Pharmacy; JOHN DOES I-XV, NDOC 2 execution team members, 3 Defendants. -
July 4, 2018 Via Email Only the Honorable Judge James E. Wilson
July 4, 2018 Via Email Only The Honorable Judge James E. Wilson First Judicial District Court Department II 885 E. Musser St Carson City, NV 89701 775-887-2296 [email protected] [email protected] 601 S. RANCHO DRIVE SUITE B11 LAS VEGAS, NV 89106 Re: Factual Update in Emergency Writ Petition, ACLU of Nevada Foundation v. P/702.366.1536 Nevada Department of Corrections et al. Case No. 18OC001631B F/702.366.1331 [email protected] Dear Judge Wilson, 1325 AIRMOTIVE WAY SUITE 202 RENO, NV 89502 Please allow this letter to serve as a factual update to Petitioner, ACLU of Nevada P/775.786.1033 F/775.786.0805 Foundation’s (ACLUNV), Emergency Writ Petition Emergency Petition For Writ Of WWW.ACLUNV.ORG Mandamus To Compel The Nevada Department Of Corrections To Produce Public Records Relating To Its Lethal Injection Procedures And Scott Dozier’s July 11, 2018 Execution. On July 3, 2018 the ACLUNV, in keeping with its efforts to inform the public of NDOC’s lack of transparency, sent out a press release explaining that it was filing suit against NDOC to obtain vital records relating to NDOC’s lethal injection drugs and execution procedures. On the morning of July 3, 2018, the ACLUNV also e-mailed a copy of the Writ Petition and exhibits to the Nevada Department of Corrections’ (NDOC) assigned attorney general, Ann McDermott, and copied its director, James Dzurenda. Hours after the ACLUNV’s press release and e-mail, NDOC finally released a heavily redacted protocol and a press release naming the drugs it plans to use in Mr.