Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
12-1084 | 9th Cir. | Not Argued | Jun 24, 2013 | TBD | Per Curiam | OT 2012 |
Holding: After a defendant was denied certiorari review by the Supreme Court, the Ninth Circuit abused its discretion by sua sponte construing the defendant’s earlier motion to stay a mandate as a motion to reconsider, and when it withheld its mandate.
Judgment: Reversed and remanded. in a per curiam opinion on June 24, 2013.
Date | Proceedings and Orders |
---|---|
Mar 4 2013 | Application (12A857) to vacate the stay of execution entered by the United States Court of Appeals for the Ninth Circuit, submitted to Justice Kennedy. |
Mar 4 2013 | Response to application from respondent Edward Harold Schad filed. |
Mar 5 2013 | Reply of applicant Charles L. Ryan, Director, Arizona Department of Corrections filed. |
Mar 5 2013 | Petition for a writ of certiorari filed. (Response due April 4, 2013) |
Mar 5 2013 | Appendix of Charles L. Ryan, Director, Arizona Department of Corrections filed. |
Mar 5 2013 | Supplemental response filed by respondent Edward Harold Schad. |
Mar 5 2013 | Application (12A857) referred to the Court. |
Mar 5 2013 | Application (12A857) denied by the Court. Justice Scalia and Justice Alito would grant the application to vacate the stay of execution. |
Mar 27 2013 | Order extending time to file response to petition to and including May 8, 2013. |
May 8 2013 | Brief of respondent Edward Harold Schad in opposition filed. |
May 8 2013 | Motion for leave to proceed in forma pauperis filed by respondent Edward Harold Schad. |
May 20 2013 | Reply of petitioner Charles L. Ryan, Director, Arizona Department of Corrections filed. (Distributed) |
May 21 2013 | DISTRIBUTED for Conference of June 6, 2013. |
Jun 10 2013 | DISTRIBUTED for Conference of June 13, 2013. |
Jun 17 2013 | DISTRIBUTED for Conference of June 20, 2013. |
Jun 24 2013 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
Jun 24 2013 | Petition GRANTED. Judgment REVERSED, and case REMANDED. Opinion per curiam. (Detached Opinion) |
Jul 19 2013 | Petition for Rehearing filed. |
Aug 8 2013 | DISTRIBUTED. |
Aug 30 2013 | Rehearing DENIED. |
Aug 30 2013 | JUDGMENT ISSUED. |