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United States v. Spurlock
3:23-cr-00022
| D. Nev. | Jun 26, 2025
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Case Information

*1 RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479

CHRISTOPHER P. FREY Nevada State Bar No. 10589 Chris_Frey@fd.org KATE BERRY Assistant Federal Public Defender Nevada State Bar No. 14346 Kate_Berry@fd.org ALLIE WILSON Assistant Federal Public Defender Allie_Wilson@fd.org 200 S. Virginia Street, Ste. 340

Reno, Nevada 89501

(775) 321-8451/Phone

JEREMY BARON Assistant Federal Public Defender District of Columbia Bar No. 1021801

411 E. Bonneville Ave. Suite 250

Las Vegas, Nevada 89101 (702) 388-6577/Phone

jeremy_baron@fd.org

RICHARD G. NOVAK California State Bar No. 149303 richard@rgnlaw.com P.O. Box 5549 Berkeley, CA 94705 (626) 808-7908/Phone

Attorneys for CORY SPURLOCK

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA UNITED STATES OF AMERICA, Case No. 3:23-cr-00022-MMD-CLB

Plaintiff, ORDER GRANTING MOTION TO TERMINATE APPOINTMENT OF v. LEARNED COUNSEL RICHARD G. NOVAK

CORY SPURLOCK,

Defendant. *2

Cory Spurlock, by and through his counsel of record, hereby moves this Court for an

order terminating the appointment of Richard G. Novak as Learned Counsel, effective June 30,

2025.

On August 8, 2023, this Court appointed Richard G. Novak, upon application of the

Federal Public Defender, to serve as Learned Counsel for Mr. Spurlock in this matter. See ECF

Nos. 68, 69. On July 31, 2024, the United States filed its Notice of Intent Not to Seek the

Death Penalty against Mr. Spurlock. ECF No. 138. On August 14, 2025, counsel for Mr.

Spurlock filed a Motion to Withdraw/Terminate Appointment of Learned Counsel, Richard G.

Novak. ECF No. 145. The motion was granted on August 15, 2024. ECF No. 148.

After issuance of the United States Attorney General’s Memorandum Reviving the

Federal Death Penalty and Lifting the Moratorium on Federal Executions , the Federal Public

Defender Office filed a Motion to Reappoint Learned Counsel on February 7, 2025. ECF No.

190. On February 10, 2025, the Court granted the motion and Mr. Novak was re-appointed to

this case to serve as Learned Counsel. ECF No. 192.

On April 10, 2025, the United States filed a Notice of Intent to Seek the Death Penalty.

ECF No. 365. Following briefing on the defense’s Motion to Strike, on May 9, 2025, the Court

entered an Order striking the government’s Notice of Intent to Seek the Death Penalty. ECF

No. 419. On May 12, 2025, the government filed a notice appealing the Order granting the

defendant’s motion to strike. ECF No. 420.

On June 10, 2025, the United States filed an unopposed motion to dismiss its appeal (Case:

25-3040, ECF 12.1). The Ninth Circuit Court of Appeals granted the motion and dismissed the

appeal on June 11, 2025 (Case: 25-3040, ECF 13.1). ECF No. 450.

The United States may not seek the death penalty in this matter if Mr. Spurlock is

convicted of an offense statutorily punishable by death.

A non-capital trial in this matter is presently scheduled to begin on August 18, 2025,

with jury selection to commence on August 5, 2025. Mr. Spurlock will be represented at trial *3 by Assistant Federal Public Defenders Christopher P. Frey, Kate Berry, Allie Wilson, Jeremy

Baron, and JoNell Thomas. Counsel all agree that Mr. Novak’s continued service as Learned

Counsel for Mr. Spurlock in this non-capital matter is not necessary to ensure effective

representation and consent to terminating his appointment as Learned Counsel.

Dated this June 26, 2025.

Respectfully submitted, Rene L. Valladares Federal Public Defender /s/ Christopher P. Frey Christopher P. Frey Assistant Federal Public Defender /s/ Kate Berry Kate Berry Assistant Federal Public Defender /s/ Allie Wilson Allie Wilson Assistant Federal Public Defender /s/ Jeremy Baron Jeremy Baron /s/ Richard G. Novak Richard G. Novak CJA Learned Counsel June 26, 2025 IT IS SO ORDERED: MIRANDA M. DU U.S. DISTRICT JUDGE DATED: ____________________________

Case Details

Case Name: United States v. Spurlock
Court Name: District Court, D. Nevada
Date Published: Jun 26, 2025
Docket Number: 3:23-cr-00022
Court Abbreviation: D. Nev.
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