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Appeal of the California Stay

The Ninth Circuit has this page for public access to pleadings and orders in the California stay of execution case.  As of this writing (2:07 PDT), the state's petition is there. Brown's response was due a few minutes ago but it not yet on the page.  The state's reply is due at 3:30.

I expect the Supreme Court Justices know this case is on its way to them and are receiving copies of the arguments as the case goes along.

If Chapter 154 applied to this case, a federal court would not have authority to grant the stay.  See 28 U.S.C. ยง2262(c).  Any last-minute litigation such as this would be in the state courts, subject to review by the California Supreme Court rather than the Ninth Circuit.

The Riverside Press-Enterprise has this story by Richard K. DeAtley on the case with links to the District Court arguments and decision, and also this FAQ.


The California Supreme Court has just granted a stay, rather than the Ninth Circuit.

Not quite. See new post.

My apologies.

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