Ryan v. Schad

570 U.S. 521, 186 L. Ed. 2d 644, 133 S. Ct. 2548, 24 Fla. L. Weekly Fed. S 397, 2013 U.S. LEXIS 4705, 85 Fed. R. Serv. 3d 1626, 2013 WL 3155269, 81 U.S.L.W. 3701
Supreme Court of the United States·Decided June 24, 2013·No. No. 12–1084.·Published·Cited by 5 cases

Opinion

*2549PER CURIAM.

*521Respondent Edward Schad was convicted of first-degree murder and sentenced to death. After an extensive series of state- and federal-court proceedings concluded with this Court's denial of respondent's petitions for certiorari and for rehearing, the Ninth Circuit declined to issue its mandate as normally required by Federal Rule of Appellate Procedure 41(d)(2)(D). The Ninth Circuit instead, sua sponte, construed respondent's motion to stay the mandate pending the Ninth Circuit's decision in a separate en banc case as a motion to reconsider a motion that it had denied six months earlier. Based on its review of that previously rejected motion, the court issued a stay a few days before respondent's scheduled execution. Even assuming, as we did in Bell v. Thompson, 545 U.S. 794, 125 S.Ct. 2825, 162 L.Ed.2d 693 (2005), that *522Rule 41(d)(2)(D) admits of any exceptions, the Ninth Circuit did not demonstrate that exceptional circumstances justified withholding its mandate. As a result, we conclude that the Ninth Circuit's failure to issue its mandate constituted an abuse of discretion.

I

In 1985, an Arizona jury found respondent guilty of first-degree murder for the 1978 strangling of 74-year-old Lorimer Grove.1 The court sentenced respondent to death. After respondent's conviction and sentence were affirmed on direct review, see State v. Schad, 163 Ariz. 411, 788 P.2d 1162 (1989), and Schad v. Arizona, 501 U.S. 624, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991), respondent again sought state habeas relief, alleging that his trial counsel rendered ineffective assistance at sentencing by failing to discover and present sufficient mitigating evidence. The state courts denied relief.

In August 1998, respondent sought federal habeas relief. He again raised a claim of ineffective assistance at sentencing for failure to present sufficient mitigating evidence. The District Court denied respondent's request for an evidentiary hearing to present new mitigating evidence, concluding that respondent was not diligent in developing the evidence during his state habeas proceedings. Schad v. Schriro, 454 F.Supp.2d 897 (D.Ariz.2006). The District Court alternatively held that the proffered new evidence did not *523demonstrate that trial counsel's performance was deficient. Id., at 940-947. The Ninth Circuit affirmed in part, reversed in part, and remanded to the District Court for a hearing to determine whether respondent's state habeas counsel was diligent in developing the state evidentiary record. Schad v. Ryan, 606 F.3d 1022 (2010). Arizona petitioned for certiorari. This Court granted the petition, vacated the Ninth Circuit's opinion, and remanded for further proceedings in light of Cullen v. Pinholster, 563 U.S. ----, 131 S.Ct. 1388, 179 L.Ed.2d 557 (2011). See Ryan v. Schad, 563 U.S. ----, 131 S.Ct. 2092, 179 L.Ed.2d 886 (2011). On remand, the Ninth Circuit affirmed the District Court's denial of habeas relief. Schad v. Ryan, 671 F.3d 708, 726 (2011). The Ninth Circuit subsequently denied a motion for rehearing and rehearing en banc on February 28, 2012.

On July 10, 2012, respondent filed in the Ninth Circuit the first motion directly at issue in this case. This motion asked the court to vacate its judgment and remand to the District Court for additional proceedings in light of this Court's decision in *2550Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012).2 The Ninth Circuit denied respondent's motion on July 27, 2012. Respondent then filed a petition for certiorari. This Court denied the petition on October 9, 2012, 568 U.S. ----, 133 S.Ct. 432, 184 L.Ed.2d 264, and denied a petition for rehearing on January 7, 2013. 568 U.S. ----, 133 S.Ct. 922, 184 L.Ed.2d 713.

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Ryan v. Schad, 570 U.S. 521, 186 L. Ed. 2d 644, 133 S. Ct. 2548, 24 Fla. L. Weekly Fed. S 397, 2013 U.S. LEXIS 4705, 85 Fed. R. Serv. 3d 1626, 2013 WL 3155269, 81 U.S.L.W. 3701 (2013).

570 U.S. 521 (Ryan v. Schad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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