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Ryan v. Schad

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/04/2013Application (12A857) to vacate the stay of execution entered by the United States Court of Appeals for the Ninth Circuit, submitted to Justice Kennedy.
03/04/2013Response to application from respondent Edward Harold Schad filed.
03/05/2013Reply of applicant Charles L. Ryan, Director, Arizona Department of Corrections filed.
03/05/2013Petition for a writ of certiorari filed. (Response due April 4, 2013)
03/05/2013Appendix of Charles L. Ryan, Director, Arizona Department of Corrections filed.
03/05/2013Supplemental response filed by respondent Edward Harold Schad.
03/05/2013Application (12A857) referred to the Court.
03/05/2013Application (12A857) denied by the Court. Justice Scalia and Justice Alito would grant the application to vacate the stay of execution.
03/27/2013Order extending time to file response to petition to and including May 8, 2013.
05/08/2013Brief of respondent Edward Harold Schad in opposition filed.
05/08/2013Motion for leave to proceed in forma pauperis filed by respondent Edward Harold Schad.
05/20/2013Reply of petitioner Charles L. Ryan, Director, Arizona Department of Corrections filed. (Distributed)
05/21/2013DISTRIBUTED for Conference of June 6, 2013.
06/10/2013DISTRIBUTED for Conference of June 13, 2013.
06/17/2013DISTRIBUTED for Conference of June 20, 2013.
06/17/2013DISTRIBUTED for Conference of June 20, 2013.
06/24/2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
06/24/2013Petition GRANTED. Judgment REVERSED, and case REMANDED. Opinion per curiam. (Detached Opinion)
07/19/2013Petition for Rehearing filed.
08/08/2013DISTRIBUTED.
08/30/2013Rehearing DENIED.
08/30/2013JUDGMENT ISSUED.

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.