Summary
The Ninth Circuit ordered that Joseph Rudolph Wood III’s petition for a writ of habeas corpus and motion to stay execution be referred to the previously assigned three-judge death penalty panel. The court relied on Ninth Circuit Rules 22-2(c) and 22-4(e), concluding that the panel had jurisdiction and that Wood’s execution was not imminent.
Topics
Practice areas
Questions Presented
- Whether the petition for writ of habeas corpus and motion for stay of execution should be handled by the previously assigned three-judge death-penalty panel.
Holdings
- Because the three-judge death-penalty panel had jurisdiction over Appeal No. 08-99003 and the petitioner's execution was not imminent, the petition for writ of habeas corpus and motion for stay of execution had to be referred to the Clerk for determination by that panel.
Key quotations
“Because the three-judge panel consisting of Judges Thomas, Gould, and Bybee has jurisdiction over Appeal No. 08-99003 and petitioner’s execution is not “imminent,” the Petition for Writ of Habeas Corpus and Motion for Stay of Execution is referred to the Clerk for determination by the three-judge panel.” (at 2)
Factual background
Joseph Rudolph Wood, III, a capital habeas petitioner, sought habeas relief and a stay of execution. The Ninth Circuit determined that the three-judge panel assigned to his death-penalty appeal had jurisdiction and that his execution was not imminent.
Procedural history
The matter arose in connection with Appeal No. 08-99003 from the United States District Court for the District of Arizona. Judge Wardlaw ordered that the petition and motion be referred to the Clerk for determination by the three-judge death-penalty panel assigned to the appeal because that panel had jurisdiction and the execution was not imminent.
Remand instructions
The Clerk was directed to refer the petition for writ of habeas corpus and motion for stay of execution to the three-judge death-penalty panel for determination.