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Jimmy Neuschafer v. Harol Whitley

Jimmy NEUSCHAFER, Petitioner/Appellant, v. Hard WHITLEY, Et Al., Respondents/ Appellees

Neuschafer v. Harol Whitley, 842 F.2d 217 (9th Cir. 1988)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 28, 1988
Docket
No. 88-1688
Judges
Chambers, Alarcon, Hall
Citations
842 F.2d 2171988 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.

Dissent — Chambers

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.

Combined text as published — syllabus, headnotes and all opinions in one document

842 F.2d 217

Jimmy NEUSCHAFER, Petitioner/Appellant, v. Harol WHITLEY, et al., Respondents/Appellees.

No. 88-1688.

United States Court of Appeals, Ninth Circuit.

Order Feb. 29, 1988. Dissent March 7, 1988. Order March 28, 1988.

Before ALARCON and HALL, Circuit Judges.

ORDER 1

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

ORDER 2

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

3

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

4

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

CHAMBERS, Circuit Judge, dissenting:

5

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.

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