Leaman Russell Smith v. Louis E. Nelson, Warden

Ninth Circuit

Leaman Russell Smith v. Louis E. Nelson, Warden

390 F.2d 643, 1968 U.S. App. LEXIS 8565

Court of Appeals for the Ninth Circuit·Decided January 3, 1968·No. 22328·Published

Opinion

ORDER ON MOTION

PER CURIAM.

It appearing that the Supreme Court of California, in two related cases, In re Anderson, Crim. 11572 and In re Sater-field, Crim. 11573, has granted a stay of all death penalties and is entertaining contentions which are here made by appellant ;

It is hereby ordered that this matter be remanded to the United States District Court for the Northern District of California, 275 F.Supp. 261, with directions to take no further action, pending the outcome of the proceeding in the related cases now pending in the Supreme Court of California.

To accommodate this remand, the order of the District Court here appealed from is vacated.

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ORDER ON MOTION

PER CURIAM.

It appearing that the Supreme Court of California, in two related cases, In re Anderson, Crim. 11572 and In re Sater-field, Crim. 11573, has granted a stay of all death penalties and is entertaining contentions which are here made by appellant ;

It is hereby ordered that this matter be remanded to the United States District Court for the Northern District of California, 275 F.Supp. 261, with directions to take no further action, pending the outcome of the proceeding in the related cases now pending in the Supreme Court of California.

To accommodate this remand, the order of the District Court here appealed from is vacated.

Leaman Russell Smith v. Louis E. Nelson, Warden, 390 F.2d 643, 1968 U.S. App. LEXIS 8565 (9th Cir. 1968).

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Opinion

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