Opinion
3:22-cv-00031-JAD-CSD
01-26-2022
WILLIAM KECK, Petitioner, v. WILLIAM GITTERE, WARDEN, and AARON D. FORD, Attorney General of the State of Nevada, Respondents.
PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 BY A PERSON IN STATE CUSTODY SENTENCED TO DEATH
WILLIAM KECK
In Proper Person
1. Name and location of court, and name of judge, that entered the judgment of conviction you are challenging: Eighth Judicial District Court, Clark County, Nevada, Honorable Douglas Herndon
2. Full date judgment of conviction was entered: September 11, 2012
3. Did you appeal the conviction? Yes. Date appeal decided: Order of Affirmance filed on April 21, 2015. Petition for Rehearing denied: September 17, 2015.
4. Did you file a petition for post-conviction relief or petition for habeas corpus in the state court? Yes
5. If yes, name the court and date the petition was filed: Eighth Judicial District Court, Clark County, Nevada, April 13, 2016
6. Did you appeal from the denial of the petition for post-conviction relief or petition for writ of habeas corpus? Yes. Date the appeal was decided: Order of Affirmance filed on April 9, 2021. Petition for Rehearing denied: June 4, 2021.
7. Have all of the grounds stated in this petition been presented to the state supreme court? Yes. If no, which grounds have not? N/A. Attached to this petition is a copy of all state court written decisions regarding this conviction.
8. Date you are mailing (or handing to correctional officer) this petition to this court: N/A
9. Is this the first federal petition for writ of habeas corpus challenging this conviction? Yes
10. Do you have any petition, application, motion or appeal (or by any other means) now pending in any court regarding the conviction that you are challenging in this action? No. If yes, state the name of the court and the nature of the proceedings:
11. Case number of Judgment of Conviction being challenged: C249447.
12. Indicate which aggravating circumstances were found by the jury (if the same circumstances found more than once, indicate the number of times): (1) The murder was committed by a person who, at any time before the penalty hearing is conducted before the murder, is or has been convicted of a felony involving the use or threat of violence to the person of another. (Attempt Murder with use of a Deadly Weapon). (2) The murder was committed by a person who, at any time before the penalty hearing is conducted before the murder, is or has been convicted of a felony involving the use or threat of violence to the person of another. (Assault with Use of a Deadly Weapon). (3) The murder was committed while the person was engaged in the commission of, or an attempt to commit, burglary and the Defendant killed the person murdered, attempted to kill the person murdered, knew that life would be taken or lethal force used, or acted with reckless indifference for human life. (Attempted Burglary While in the Possession of a Deadly Weapon). (4) The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
13. What was your plea? Not Guilty. If you pleaded guilty or nolo contendere pursuant to a plea bargain, state the terms and conditions of the agreement: N/A
14. Who was the attorney that represented you in the proceedings in state court? Identify whether the attorney was appointed, retained, or whether you represented yourself pro se.
Attorney
Appointed
Retained
Pro Se
Trial:
Deputy Public Defenders Edward Kane Jeff Banks
X
Direct Appeal
Deputy Public Defenders David Westbrook Deborah Westbrook
X
Post-Conviction & Appeal
Christopher Oram
X
15. State every ground on which you claim that the state court conviction and/or sentence is unconstitutional. Summarize briefly the facts supporting each ground. You may attach up to two extra pages stating additional grounds and/or supporting facts. You must raise in this petition all grounds for relief that relate to this conviction. Any grounds not raised in this petition will likely be barred from being litigated in a subsequent action. Mr. Keck hereby expressly incorporates by reference all the claims, transactions, and occurrences raised in the pleadings and orders attached to this Petition as Exhibits 1-18. See Ross v. Williams, 896 F.3d 958, 966 (9th Cir. 2018); Dye v. Hofbauer, 546 U.S. 1, 2-3 (2005).
WHEREFORE, petitioner prays that the court will grant him such relief to which he is entitled in this federal petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 by a person in state custody.
Federal Public Defender's Office
(Name of person who wrote this (Signature of Petitioner)
(Attorney's address & phone number)
DECLARATION UNDER PENALTY OF PERJURY
I understand that a false statement or answer to any question in this declaration will subject me to penalties of perjury. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT. See, 28 U.S.C. § 1746 and 18 U.S.C. § 1621.
Executed at Elv State Prison
(Location) (Date)
(Signature) (Inmate Prison Number)
CERTIFICATE OF SERVICE
In accordance with LR IC 4-1 of the of the Local Rules of Practice, the undersigned hereby certifies that on this 19th day of January, 2022, a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 BY A PERSON IN STATE CUSTODY SENTENCED TO DEATH, was deposited via UPS overnight express prepaid, addressed to counsel as follows:
Aaron D. Ford
Attorney General of Nevada
100 North Carson Street
Carson City, Nevada 89701-4717
Jeremy Kip for William Keck
An Employee of the Federal Public Defender
District of Nevada