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U.S. Court of Appeals for the Ninth Circuit, 2005

Robert Frederick Garceau v. Jeanne S. Woodford, Warden, of San Quentin State Prison

Robert Frederick Garceau v. Jeanne S. Woodford, Warden, of San Quentin State Prison
U.S. Court of Appeals for the Ninth Circuit · Decided March 3, 2005 · O'Scannlain, Tashima, Thomas
399 F.3d 1101; 2005 U.S. App. LEXIS 3578; 2005 WL 486990 (Federal Reporter, Third Series)

Counsel

Lynne S. Coffin, Coffin & Love, San Francisco, CA, for the petitioner-appellant., Clayton S. Tanaka, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Robert Frederick Garceau v. Jeanne S. Woodford, Warden, of San Quentin State Prison

Cases that cite this one

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Opinion

ORDER

The Supreme Court reversed our prior judgment and remanded this case for us to determine the effect of the Antiterrorism and Effective Death Penalty Act of 1996 on this case. See Woodford v. Garceau, 538 U.S. 202, 210, 123 S.Ct. 1398, 155 L.Ed.2d 363 (2003). After supplemental briefing after remand, oral argument, and submission of the case for decision, petitioner Robert Frederick Garceau died on December 29, 2004.

Because petitioner’s death renders this case moot, the petition for a writ of habeas corpus should be dismissed as moot. See Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003). This case is therefore remanded to the district court with instructions to dismiss the petition for a writ of habeas corpus.

REMANDED with instructions.

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