Stanley v. Chappell, No. 13-15987 (Fletcher with Tallman
and Bybee).
In this capital habeas case, the Ninth Circuit held that there is no
interlocutory appeal under the collateral-order doctrine from a stay and
abeyance order under Rhines v. Weber, 544 U.S. 269 (2005). And in this case, because it was unclear
whether the petitioner was required to exhaust his claims relating to his
competency to stand trial, the court declined to construe the appeal as a
petition for writ of mandamus.
Wednesday, August 13, 2014
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