United States Ninth Circuit

In the state's appeal from a district court's order staying a habeas petition filed by a Hawaii state prisoner, the appeal is dismissed where, because a district court's conclusion about whether a habeas claim had been exhausted was addressable on appeal after final judgment, the requirements of the collateral order doctrine were not satisfied.

Appellate Information

• Decided 03/30/2010
• Published 03/30/2010

Judges

• PER CURIAM:, Before:  FERDINAND F. FERNANDEZ, HAWKINS and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, Honolulu, HI, for the respondent-appellant., Peter C. Wolff, Jr., Federal Public Defender, District of Hawaii, Honolulu, HI, for the petitioner-appellee.