Jimmy Neuschafer v. Harol Whitley

U.S. Court of Appeals for the Ninth Circuit March 28, 1988

Jimmy Neuschafer v. Harol Whitley, 842 F.2d 217 (9th Cir. 1988)

1988 WL 25015

Opinion of the Court

ORDER

The order filed February 29, 1988 has been ordered for publication along with Judge Chambers dissent filed on March 7, 1988.

ORDER

A stay of execution is ordered pending final disposition of this appeal.

The parties are directed to file simultaneous briefs within 28 days; within 14 days thereafter the parties may file simultaneous responses.

Dissenting Opinion

Circuit Judge CHAMBERS dissents from this order and will file a separate expression of his views.

CHAMBERS, Circuit Judge,

dissenting:

My dissent on our Court’s order for briefs is that I think we had such splendid oral presentations on February 29 that I think we have enough in the record to decide the issues before us without the briefing that was ordered.

Reference

Full Case Name: Jimmy NEUSCHAFER, Petitioner/Appellant, v. Hard WHITLEY, Et Al., Respondents/ Appellees
Status: Published