Lenhard v. Wolff

Kirk B. Lenhard and George E. Franzen, Clark County Deputy Public Defenders, Individually and as Next Friends Acting on Behalf of Jesse Walter Bishop, Applicants v. Charles Wolff, Warden, Nevada State Prison System No. A-172 no.a-332

Lenhard v. Wolff, 444 U.S. 1301 (1979)

Court: Supreme Court of the United States
Decided: October 18, 1979
Docket: Nos. A-172 and A-332
Judges: Rehnquist
Citations: 444 U.S. 1301444 U.S. 921100 S. Ct. 24162 L. Ed. 2d 1771979 U.S. LEXIS 4115

Cited by 5 4 descriptions by later courts Original from court

Opinion — Rehnquist

Mr. Justice Rehnquist, Circuit Justice.

On October 1, 1979, this Court denied the application of Kirk Lenhard and George Franzen, acting as next friends of Jesse Bishop, for a stay of execution pending the filing and determination of a petition for certiorari, Lenhard v. Wolff, ante, p. 807. Respondents have subsequently rescheduled Bishop’s execution for Monday, October 22, 1979. Lenhard and Franzen have now submitted to me, as Circuit Justice, a petition requesting rehearing of this Court’s order of October 1, and an application for stay of execution pending determination of the petition for rehearing.

Resolving in applicants’ favor all questions pertaining to procedures and rules of the Court, I am satisfied that the moving papers would not persuade the requisite number of Justices to grant applicants’ proposed petition for certiorari, to *1302 grant the petition for rehearing of this Court’s previous denial of a stay pending the filing of a petition for certiorari, or to grant a stay pending Conference consideration of the petition for rehearing. See this Court’s Rule 58. As a consequence, whether the submission presented to me as Circuit Justice on October 16, 1979, is treated as a request for a rehearing of our previous denial of a stay of execution, or as a new request for a stay of execution, it is in all respects Denied.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

(failure to prove mental illness)

Rumbaugh v. Procunier, 753 F.2d 395 (5th Cir. 1985)
(in-chambers opinion of Rehnquist, J.)

Rumbaugh v. Mckaskle, 730 F.2d 291 (5th Cir. 1984)

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

Rumbaugh v. Procunier753 F.2d 395 (5th Cir. 1985)
Kirk B. Lenhard v. Charles Wolff444 U.S. 807 (1979)
Rumbaugh v. Mckaskle730 F.2d 291 (5th Cir. 1984)
Harvey v. McKaskle730 F.2d 291 (5th Cir. 1984)
State v. Tyler553 N.E.2d 576 (Ohio 1990)

Most recent

State v. Tyler553 N.E.2d 576 (Ohio 1990)
Rumbaugh v. Procunier753 F.2d 395 (5th Cir. 1985)
Rumbaugh v. Mckaskle730 F.2d 291 (5th Cir. 1984)
Harvey v. McKaskle730 F.2d 291 (5th Cir. 1984)
Kirk B. Lenhard v. Charles Wolff444 U.S. 807 (1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Lenhard v. Wolff, 444 U.S. 807 (1979)	23

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