Recent activity in the Gray habeas case

On Thursday, Senior Judge Rogers issued four orders in the federal habeas corpus case of military death row inmate Ronald Gray. Three of the orders granted motions for counsel from the highly regarded Capital Habeas Corpus Unit (CHU) of the Federal Public Community Defender, Philadelphia, Pennsylvania, to appear pro hac vice. The fourth order granted in part those counsel's request for an extension in the deadline for filing their traverse to accommodate a mitigation investigation. Gray's counsel had sought a 120-day extension. Judge Rogers found "it appropriate under the circumstances to grant a preliminary extension of 60 days at this time. Once the period for filing a response to petitioner's motion has expired, the court will renew its consideration of petitioner's request for an additional sixty days to file a traverse." Gray v. Gray, No. 08-3289-RDR (D. Kan. May 21, 2009) (order).

Gray's counsel move for extension to filing deadline

Ronald Gray's counsel today asked for a 120-day extension in their deadline to file the traverse to the United States' response to his habeas petition. The motion, which is available here, is based largely on the defense's need for time to conduct a mitigation investigation, which apparently none of Gray's counsel ever received funding to perform. The motion is supported by an affidavit from Russell Stetler -- one of the nation's premier experts on capital mitigation investigations -- describing the investigation's necessity.

U.S. district court grants Gray's motion for appointment of CHU counsel

Yesterday, Senior Judge Rogers entered this order granting Ronald Gray's motion to have the highly regarded Capital Habeas Corpus Unit (CHU) of the Federal Public Community Defender, Philadelphia, Pennsylvania, appointed without cost to represent him on his habeas petition. Gray v. Gray, No. 08-3289-RDR (D. Kan. May 8, 2009) (order).

Gray petitions for appointment of CHU counsel

Here's a link to a motion filed yesterday by Ronald Gray asking the U.S. District Court for the District of Kansas to appoint the highly-regarded Capital Habeas Corpus Unit of the Federal Public Community Defender, Philadelphia, Pennsylvania, to represent him on his habeas petition. The motion contains the sad news that Tom Dunn -- a former Army JAG and a veteran of the first Gulf War -- can no longer practice law full time for health reasons.

United States opposes Gray's habeas petition

Here's a link to the answer and return that the United States filed today in the United States District Court for the District of Kansas opposing Ronald Gray's habeas petition.