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    39-4 Docket Sheet

    Uploaded by

    Mark W. Bennett
    This document is a docket report from a federal habeas corpus case filed by Raphael Deon Holiday challenging his death sentence. It lists the filings and orders in the case, including Holiday's initial and amended habeas petitions, the respondent's answer, orders granting time extensions, the district court's denial of Holiday's petitions and a certificate of appealability, and subsequent appeals.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    39-4 Docket Sheet

    Uploaded by

    Mark W. Bennett
    75 views5 pages
    This document is a docket report from a federal habeas corpus case filed by Raphael Deon Holiday challenging his death sentence. It lists the filings and orders in the case, including Holiday's initial and amended habeas petitions, the respondent's answer, orders granting time extensions, the district court's denial of Holiday's petitions and a certificate of appealability, and subsequent appeals.

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    © © All Rights Reserved

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    This document is a docket report from a federal habeas corpus case filed by Raphael Deon Holiday challenging his death sentence. It lists the filings and orders in the case, including Holiday's initial and amended habeas petitions, the respondent's answer, orders granting time extensions, the district court's denial of Holiday's petitions and a certificate of appealability, and subsequent appeals.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    75 views5 pages

    39-4 Docket Sheet

    Uploaded by

    Mark W. Bennett
    This document is a docket report from a federal habeas corpus case filed by Raphael Deon Holiday challenging his death sentence. It lists the filings and orders in the case, including Holiday's initial and amended habeas petitions, the respondent's answer, orders granting time extensions, the district court's denial of Holiday's petitions and a certificate of appealability, and subsequent appeals.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    DC CM/ECF LIVE- US District Court-Texas Southern

    Page 1 of 5
    Case 4:11-cv-01696 Document 39-4 Filed in TXSD on 10/22/15 Page 1 of 5
    APPEAL,APPEAL_NAT,DEATH_PENALTY,HABEAS

    U.S. District Court


    SOUTHERN DISTRICT OF TEXAS (Houston)
    CIVIL DOCKET FOR CASE #: 4:11-cv-01696
    Internal Use Only
    Holiday v. Thaler
    Assigned to: Judge Sim Lake
    Related Case: 4:10-mc-00512
    Cause: 28:2254 Petition for Writ of Habeas Corpus(Death
    Penalty)

    Date Filed: 05/03/2011


    Date Terminated: 07/10/2013
    Jury Demand: None
    Nature of Suit: 535 Death Penalty Habeas Corpus
    Jurisdiction: Federal Question

    Petitioner
    Raphael Deon Holiday

    represented by Gretchen Sims Sween


    Beck Redden LLP
    515 Congress Ave
    Ste 1750
    Austin, TX 78701
    512-708-1000
    Fax: 512-708-1002
    Email: [email protected]
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    James W Volberding
    Law Office of James W. Volberding
    100 E Ferguson St
    Ste 500
    Tyler, TX 75702
    903-597-6622
    Email: [email protected]
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Seth Kretzer
    Attorney At Law
    440 Louisiana St
    Ste 200
    Houston, TX 77002
    713-775-3050
    Fax: 713-224-2815
    Email: [email protected]
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED

    https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?931541198289472-L_1_0-1

    10/22/2015

    DC CM/ECF LIVE- US District Court-Texas Southern


    Page 2 of 5
    Case 4:11-cv-01696 Document 39-4 Filed in TXSD on 10/22/15 Page 2 of 5

    V.
    Respondent
    William Stephens

    represented by Ellen Stewart-Klein


    Office of the Atty Gen
    300 W 15th St
    8th Floor
    Austin, TX 78701
    512-936-1400
    Email: [email protected]
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Tina Dettmer Miranda
    Office of the Attorney General
    Criminal Appeals Division
    P O Box 12548
    Capitol Station
    Austin, TX 78711
    512-936-1400
    Email:
    [email protected]
    LEAD ATTORNEY
    ATTORNEY TO BE NOTICED
    Edward Larry Marshall
    Office of the Attorney General
    P O Box 12548
    Capitol Station
    Austin, TX 78711
    512-936-1400
    Fax: 512-320-8132
    Email:
    [email protected]
    ATTORNEY TO BE NOTICED

    Date Filed

    Docket Text

    05/03/2011

    PETITION for Writ of Habeas Corpus (Application to Proceed IFP granted


    on 1/6/11 by Judge Sim Lake) filed by Kerry Dimart Allen.(Kretzer, Seth)
    Modified on 5/4/2011 (ltien, ). IFP information added on 5/17/2011 (ltien, ).
    (Entered: 05/03/2011)

    09/27/2011

    NOTICE of Appearance by Ellen Stewart-Klein on behalf of Rick Thaler,


    filed. (Stewart-Klein, Ellen) (Entered: 09/27/2011)

    https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?931541198289472-L_1_0-1

    10/22/2015

    DC CM/ECF LIVE- US District Court-Texas Southern


    Page 3 of 5
    Case 4:11-cv-01696 Document 39-4 Filed in TXSD on 10/22/15 Page 3 of 5

    10/17/2011

    Opposed MOTION for Approval of Funds for Expert by Raphael Deon


    Holiday, filed. Motion Docket Date 11/7/2011. (Attachments: # 1 Exhibit
    Expert's Resume, # 2 Proposed Order)(Kretzer, Seth) (Entered: 10/17/2011)

    10/18/2011

    Unopposed MOTION for Continuance of Deadline to file Amended Petition


    by Raphael Deon Holiday, filed. Motion Docket Date 11/8/2011.
    (Attachments: # 1 Proposed Order)(Kretzer, Seth) (Entered: 10/18/2011)

    10/19/2011

    ORDER granting 4 Motion for Continuance.(Signed by Judge Sim Lake)


    Parties notified.(jewilliams, ) (Entered: 10/19/2011)

    10/25/2011

    RESPONSE in Opposition to 3 Opposed MOTION for Approval of Funds


    for Expert, filed by Rick Thaler. (Stewart-Klein, Ellen) (Entered:
    10/25/2011)

    10/28/2011

    REPLY in Support of 3 Opposed MOTION for Approval of Funds for


    Expert, filed by Raphael Deon Holiday. (Kretzer, Seth) (Entered:
    10/28/2011)

    11/09/2011

    ORDER Denying without Prejudice 3 Opposed MOTION for Approval of


    Funds for Expert.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
    (Entered: 11/09/2011)

    11/09/2011

    Document(s) Sent by regular mail to Raphael Holiday and Rick Thaler re: 8
    Order, filed. (jewilliams, ) (Entered: 11/09/2011)

    01/30/2012

    Unopposed MOTION for Continuance of Deadline to file Petition by


    Raphael Deon Holiday, filed. Motion Docket Date 2/21/2012. (Attachments:
    # 1 Proposed Order)(Kretzer, Seth) (Entered: 01/30/2012)

    01/30/2012

    10

    ORDER granting 9 Motion for Continuance.(Signed by Judge Sim Lake)


    Parties notified.(jewilliams, ) (Entered: 01/30/2012)

    01/31/2012

    11

    Clerks Notice regarding CMECF notice returned undeliverable from


    [email protected] on the account of Tina Dettmer Miranda. The
    referenced email address has been deleted from your CM/ECF account, filed.
    (tferguson, ) (Entered: 01/31/2012)

    03/02/2012

    12

    AMENDED Petition against Rick Thaler filed by Raphael Deon Holiday.


    (Attachments: # 1 Continuation 1, # 2 Continuation 2, # 3 Continuation 3, #
    4 Continuation 4, # 5 Continuation 5)(smurdock, ) (Entered: 03/02/2012)

    03/02/2012

    13

    CLERKS NOTICE on Mandatory Electronic Filing re: 12 Amended


    Petition.. Party notified, filed. (smurdock, ) (Entered: 03/02/2012)

    08/15/2012

    14

    First MOTION for Extension of Time File Response by Rick Thaler, filed.
    Motion Docket Date 9/5/2012. (Attachments: # 1 Proposed Order)(StewartKlein, Ellen) (Entered: 08/15/2012)

    08/16/2012

    15

    ORDER granting 14 Motion for Extension of Time. Responses due by


    10/26/2012. (Signed by Judge Sim Lake) Parties notified. (aboyd) (Entered:
    08/16/2012)

    https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?931541198289472-L_1_0-1

    10/22/2015

    DC CM/ECF LIVE- US District Court-Texas Southern


    Page 4 of 5
    Case 4:11-cv-01696 Document 39-4 Filed in TXSD on 10/22/15 Page 4 of 5

    10/25/2012

    16

    ANSWER to 12 Amended Complaint/Counterclaim/Crossclaim etc. by Rick


    Thaler, filed.(Stewart-Klein, Ellen) (Entered: 10/25/2012)

    11/02/2012

    17

    Unopposed MOTION for Continuance of Deadline for Reply brief by


    Raphael Deon Holiday, filed. Motion Docket Date 11/23/2012.
    (Attachments: # 1 Proposed Order)(Kretzer, Seth) (Entered: 11/02/2012)

    11/02/2012

    18

    ORDER granting 17 Motion for Continuance. Reply due by 1/7/2013.


    (Signed by Judge Sim Lake) Parties notified. (aboyd) (Entered: 11/02/2012)

    11/20/2012

    19

    STATE COURT RECORDS by Rick Thaler CD/ 1 volume forward to file


    room., filed.(mmapps, ) (Entered: 11/21/2012)

    01/02/2013

    20

    Unopposed MOTION for Extension of Time deadline to file Reply by


    Raphael Deon Holiday, filed. Motion Docket Date 1/23/2013. (Attachments:
    # 1 Proposed Order)(Kretzer, Seth) (Entered: 01/02/2013)

    01/03/2013

    21

    ORDER granting 20 Motion for Extension of Time. Reply Brief due by


    1/21/2013. (Signed by Judge Sim Lake) Parties notified. (aboyd) (Entered:
    01/03/2013)

    01/22/2013

    22

    REPLY in Support of 1 MOTION to Vacate, Set Aside or Correct Sentence


    (2255), filed by Raphael Deon Holiday. (Kretzer, Seth) (Entered:
    01/22/2013)

    07/10/2013

    23

    MEMORANDUM OPINION AND ORDER denying 12 Amended Petition


    for Writ of Habeas Corpus with the exceptions of his lethal-injection and
    executive clemency claims, which are dismissed without prejudice. A
    Certificate of Appealability will not issue. (Signed by Judge Sim Lake)
    Parties notified. (aboyd) (Signed by Judge Sim Lake) Parties notified.
    (aboyd, ) (Entered: 07/10/2013)

    07/10/2013

    24

    FINAL JUDGMENT. This action is dismissed with prejudice, with the


    exception of Holiday's lethal-injection and executive clemency claims, with
    are dismissed without prejudice. Case terminated on 7/10/2013. (Signed by
    Judge Sim Lake) Parties notified. (aboyd) (Entered: 07/10/2013)

    07/15/2013

    25

    NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by


    Raphael Deon Holiday, filed.(Kretzer, Seth) (Entered: 07/15/2013)

    07/22/2013

    26

    Notice of the Filing of an Appeal. Fee status: IFP previously granted. COA
    denied. The following Notice of Appeal and related motions are pending in
    the District Court: 25 Notice of Appeal, filed.(blacy, ) (Entered: 07/22/2013)

    07/22/2013

    Electronic record on appeal certified to the Fifth Circuit Court of Appeals re:
    25 Notice of Appeal, filed.(blacy, ) (Entered: 07/22/2013)

    07/22/2013

    27

    Transmittal Letter on Appeal Certified re: 25 Notice of Appeal. A paper copy


    of the electronic record is being transmitted to the Fifth Circuit Court of
    Appeals in 4 volumes., filed.(blacy, ) (Entered: 07/22/2013)

    10/16/2014

    28

    Order of USCA - PER CURIAM re: 25 Notice of Appeal ; USCA No. 1370022. We adopt the district court's detailed and well-reasoned memorandum

    https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?931541198289472-L_1_0-1

    10/22/2015

    DC CM/ECF LIVE- US District Court-Texas Southern


    Page 5 of 5
    Case 4:11-cv-01696 Document 39-4 Filed in TXSD on 10/22/15 Page 5 of 5

    opinion and order with respect to each claim. Accordingly, Holiday's


    application for a COA on the claims presented here is denied., filed.
    (dnoriega, 1) (Entered: 10/17/2014)
    10/21/2014

    29

    Record on Appeal Returned from the US Court of Appeals for the Fifth
    Circuit re: 25 Notice of Appeal ; consisting of 2 boxes of State Court Papers
    (USCA No. 13-70022), filed.(mmapps, 4) (Entered: 10/21/2014)

    06/30/2015

    30

    The petition for a writ of certiorari filed with the Supreme Court has been
    denied (USCA No. 13-70022) (USSC No. 14-9148), filed.(mperez, 1)
    (Entered: 06/30/2015)

    09/18/2015

    31

    Letter from Raphael D. Holiday re: Information filed on record., filed.


    Docket Sheet sent to Mr. Holiday. (jguajardo, 4) (Entered: 09/18/2015)

    09/18/2015

    32

    ADVISORY by Raphael Deon Holiday, filed.(Kretzer, Seth) (Entered:


    09/18/2015)

    09/22/2015

    33

    MOTION for Appointment of New Counsel by Raphael Deon Holiday, filed.


    Motion Docket Date 10/13/2015. (sguevara, 4) (Entered: 09/22/2015)

    09/22/2015

    34

    RESPONSE to 33 MOTION for Appointment of New Counsel filed by


    Raphael Deon Holiday. (Kretzer, Seth) (Entered: 09/22/2015)

    09/24/2015

    35

    ORDER denying 33 MOTION for Appointment of New Counsel. (Signed by


    Judge Sim Lake) Parties notified. (aboyd, 4) (Entered: 09/24/2015)

    10/21/2015

    36

    NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 35


    Order by Raphael Deon Holiday (Filing fee $ 505, receipt number 054115599715), filed.(Sween, Gretchen) (Entered: 10/21/2015)

    10/21/2015

    37

    MOTION to Substitute Attorney Gretchen Sween in place of Seth Kretzer


    and James Volberding by Raphael Deon Holiday, filed. Motion Docket Date
    11/12/2015. (Attachments: # 1 Proposed Order)(Kretzer, Seth) (Entered:
    10/21/2015)

    10/22/2015

    38

    MOTION Reimbursement of filing fee by Raphael Deon Holiday, filed.


    Motion Docket Date 11/12/2015. (Attachments: # 1 Proposed Order)(Sween,
    Gretchen) (Entered: 10/22/2015)

    https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?931541198289472-L_1_0-1

    10/22/2015

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