April 11, 2014
LANNY SMITH, Petitioner - Appellant,
LAWRENCE WASDEN and BRENT REINKE, Respondents - Appellees
For LANNY SMITH, Petitioner - Appellant: Elisa G. Massoth, Esquire, Elisa G. Massoth, PLLC., Payette, ID.
For LAWRENCE WASDEN, BRENT REINKE, Respondents - Appellees: L. LaMont Anderson, AGID - OFFICE OF THE IDAHO ATTORNEY GENERAL (BOISE), Boise, ID.
Before: PREGERSON, MURGUIA, and CHRISTEN, Circuit Judges.
This case is remanded to the district court. The district court shall exercise its discretion to establish a briefing schedule allowing Petitioner-Appellant Smith a reasonable amount of time to complete review of the supplemental discovery provided by the State, and to file a supplement to his habeas petition, or to re-file an updated original habeas petition, and to allow for responsive briefing.
This panel will retain jurisdiction over any future appeal related to this petition.
It is so ordered.