Aramis Fernandez v. Louis S. Nelson, Warden, San Quentin State Prison

Ninth Circuit

Aramis Fernandez v. Louis S. Nelson, Warden, San Quentin State Prison

450 F.2d 883, 1971 U.S. App. LEXIS 6908

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 29, 1971

Docket25181

StatusPublished

This text of 450 F.2d 883 (Aramis Fernandez v. Louis S. Nelson, Warden, San Quentin State Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aramis Fernandez v. Louis S. Nelson, Warden, San Quentin State Prison, 450 F.2d 883, 1971 U.S. App. LEXIS 6908 (9th Cir. 1971).

Pincite

Opinion

ORDER

The mandate herein is recalled and the appeal is reinstated. The cause is remanded to the district court for the limited purpose of determining whether the Adult Authority should be ordered to disregard the Puerto Rico detainer because of the dismissal of the proceedings upon which the detainer is based. It is suggested that the district court appoint counsel to assist appellant in the remanded proceedings. Because of the length of time this appeal has been pending, it is requested that the district court determination be made within sixty days.

After such determination has been made, the cause shall be retransferred to this court, together with a supplemental record of the remanded proceedings. Within twenty days thereafter, the parties may file supplemental briefs addressed to the issues dealt with in the remanded proceedings. The appeal will then be disposed of by this court without further oral argument.

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ORDER

The mandate herein is recalled and the appeal is reinstated. The cause is remanded to the district court for the limited purpose of determining whether the Adult Authority should be ordered to disregard the Puerto Rico detainer because of the dismissal of the proceedings upon which the detainer is based. It is suggested that the district court appoint counsel to assist appellant in the remanded proceedings. Because of the length of time this appeal has been pending, it is requested that the district court determination be made within sixty days.

After such determination has been made, the cause shall be retransferred to this court, together with a supplemental record of the remanded proceedings. Within twenty days thereafter, the parties may file supplemental briefs addressed to the issues dealt with in the remanded proceedings. The appeal will then be disposed of by this court without further oral argument.

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Bluebook (online)

450 F.2d 883, 1971 U.S. App. LEXIS 6908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aramis-fernandez-v-louis-s-nelson-warden-san-quentin-state-prison-ca9-1971.