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Jones v. Chappell Appeal

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Last week I noted the appeal in Jones v. Chappell, the case holding that because of the delays in carrying out justice in the worst murder cases in California we must now forgo that justice altogether. The docket number in the Ninth Circuit is 14-56373.  The appellant's opening brief is due December 1.  The answer brief is due December 29.  The reply brief is due January 12.  These are all Mondays.

Some people have asked me about a stay.  There is nothing to stay.  There is no injunction affecting other cases.  There is no final judgment in this case.  This is just a ruling on one claim in one case.  To the extent the judge's order purports to vacate Jones's death sentence directly, it is void.  A federal district court judge has no authority to vacate a judgment in a state criminal case as such.  He can only issue a conditional release order, saying that the warden must release a person unless he is retried or resentenced, and the judge in this case has not done that yet.

BTW, Ninth Circuit case 14-56302 is the Soos/Justice appeal noted here, and that case will surely go away shortly.  Update: Today Mr. Soos and Dr. Justice filed their response to the Court of Appeals' order to explain what the heck they are doing appealing a case to which they are not parties.

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