Wednesday, August 13, 2014

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.


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