Decided

No. 05-493

Robert L. Ayers, Jr., Acting Warden v. Fernando Belmontes

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Acknowledgement of receipt (01/16/07) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.

Record returned to U.S.D.C. for Eastern District of California.

Record returned to U.S.C.A. for 9th Cir.

JUDGMENT ISSUED.

Rehearing DENIED. (orders list)

DISTRIBUTED for Conference of January 5, 2007.

Petition for Rehearing filed.

Judgment REVERSED and case REMANDED Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined. Stevens, J., filed a dissentin (orders list)

Argued. For petitioner: Mark A. Johnson, Deputy Attorney General, Sacramento, Cal. For respondent: Eric S. Multhaup, Mill Valley, Cal. (Appointed by this Court.)

Reply of petitioner Robert L. Ayers, Jr., Acting Warden filed. (Distributed)

Brief of respondent Fernando Belmontes filed. (Distributed)

Extension of time within which to file respondent's brief on the merits to and including August 7, 2006.

CIRCULATED.

SET FOR ARGUMENT on Tuesday, October 3, 2006.

Brief amici curiae of Texas and Sixteen Other States filed.

Joint appendix filed.

Brief amicus curiae of Criminal Justice Legal Foundation filed.

Brief of petitioner Robert L. Ayers, Jr., Acting Warden filed.

Additional record received from U.S.C.A. 9th Circuit. (1 box)

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including June 22, 2006.

Motion to appoint counsel filed by respondent GRANTED. Eric S. Multhaup, Esquire, of Mill Valley, California is appointed to serve as counsel for the respondent in this case. (orders list)

Motion DISTRIBUTED for Conference of June 8, 2006.

Motion to appoint counsel filed by respondent Fernando Belmontes.

Petition GRANTED. (orders list)

Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

DISTRIBUTED for Conference of April 28, 2006.

DISTRIBUTED for Conference of April 21, 2006.

DISTRIBUTED for Conference of April 14, 2006.

DISTRIBUTED for Conference of March 31, 2006.

DISTRIBUTED for Conference of March 24, 2006.

DISTRIBUTED for Conference of March 17, 2006.

Record received from the United States District Court Eastern District of California (Sacramento) (4 boxes).

Record received from the United States Court of Appeals for the 9th Circuit (one envelope).

DISTRIBUTED for Conference of March 3, 2006.

Record Requested .

DISTRIBUTED for Conference of February 24, 2006.

Reply of petitioner Steven Ornaski, Warden filed. (Distributed)

Motion for leave to proceed in forma pauperis filed by respondent Fernando Belmontes.

Brief of respondent Fernando Belmontes in opposition filed.

Letter of December 27, 2005, from counsel for petitioner received.

Response Requested . (Due January 27, 2006)

DISTRIBUTED for Conference of January 6, 2006.

Petition for a writ of certiorari filed. (Response due November 17, 2005)

Parties

Robert L. Ayers, Jr., Acting Warden, Petitioner, represented by Mark A. Johnson

Robert L. Ayers, Jr., Acting Warden, Petitioner, represented by Eric L. Christoffersen

Fernando Belmontes, Respondent, represented by Eric S. Multhaup

Amici Curiae

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

Texas and Sixteen Other States, Amicus Curiae, represented by Edward L. Marshall

 
Last updated: September 20, 2007