United States Supreme Court

The Ninth Circuit's failure to issue its mandate that would allow defendant's execution to proceed as normally required by Federal Rule of Appellate Procedure 41(d)(2)(D) when the U.S. Supreme Court denies a petition for writ of certiorari, constituted an abuse of discretion, where the Ninth Circuit did not demonstrate that exceptional circumstances justified withholding its mandate. The stay of execution is therefore vacated, and the case is remanded with instructions to issue the mandate immediately.

Appellate Information

• Decided 06/24/2013
• Published 06/24/2013

Judges

• PER CURIAM

Court

• United States Supreme Court

Counsel