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Ryan v. Schad

Docket No.12-1084
Op. Below9th Cir.

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. on Jun 24, 2013.

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.

Proceedings & orders timeline

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 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.

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