Walter Mickens, Jr.,petitioner v. John B. Taylor, Warden, Sussex I State Prison,respondent

Fourth Circuit

Walter Mickens, Jr.,petitioner v. John B. Taylor, Warden, Sussex I State Prison,respondent

243 F.3d 870, 2001 U.S. App. LEXIS 4926, 2001 WL 300140

Court of Appeals for the Fourth Circuit·Decided March 26, 2001·No. 00-4·Published·Cited by 1 cases

Opinions

ORDER

We have considered Mickens’ motion to stay the issuance of our mandate and to stay the sentence of execution of the state court, which motion was filed in our court March 16, 2001, and we have considered the response thereto filed by the Commonwealth March 19, 2001.

Voting to grant the stay were Judges Michael, Motz and King, and voting to deny the stay were Judges Wilkinson, Widener, Wilkins, Niemeyer, Luttig, Williams and Traxler.

It is accordingly ADJUDGED and ORDERED that the motion of Mickens to stay the issuance of our mandate and to stay the sentence of execution by the state court shall be, and it hereby is, denied.

MICHAEL, J., joined by DIANA GRIBBON MOTZ and KING, JJ., filed a dissenting opinion, which follows:

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ORDER

We have considered Mickens’ motion to stay the issuance of our mandate and to stay the sentence of execution of the state court, which motion was filed in our court March 16, 2001, and we have considered the response thereto filed by the Commonwealth March 19, 2001.

Voting to grant the stay were Judges Michael, Motz and King, and voting to deny the stay were Judges Wilkinson, Widener, Wilkins, Niemeyer, Luttig, Williams and Traxler.

It is accordingly ADJUDGED and ORDERED that the motion of Mickens to stay the issuance of our mandate and to stay the sentence of execution by the state court shall be, and it hereby is, denied.

MICHAEL, J., joined by DIANA GRIBBON MOTZ and KING, JJ., filed a dissenting opinion, which follows:

Walter Mickens, Jr.,petitioner v. John B. Taylor, Warden, Sussex I State Prison,respondent, 243 F.3d 870, 2001 U.S. App. LEXIS 4926, 2001 WL 300140 (4th Cir. 2001).

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243 F.3d 870 (Walter Mickens, Jr.,petitioner v. John B. Taylor, Warden, Sussex I State Prison,respondent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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