No. 19-239
Larry Benzon, Warden v. Troy Michael Kell
Amici (1)
Experienced Counsel
Tags: appeal appeals appellate-review capital-case capital-punishment collateral-order-doctrine district-court federalism habeas-corpus rhines-v-weber stay
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-11-15
Question Presented (from Petition)
Whether a district court's order staying and abeying a capital prisoner's habeas corpus petition under Rhines v. Weber, 544 U.S. 269 (2005), is immediately appealable under the collateral-order doctrine.
Question Presented (AI Summary)
Whether a district court's order staying and abeying a capital prisoner's habeas corpus petition under Rhines v. Weber, 544 U.S. 269 (2005), is immediately appealable under the collateral-order doctrine
Docket Entries
2019-11-18
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2019-11-18
Petition DENIED.
2019-11-14
Rule 35.3 notice of substitution of public officer received.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-30
Reply of petitioner Larry Benzon, Warden, Utah State Prison filed.
2019-10-29
Waiver of the 14-day waiting period under 15.5 filed.
2019-10-23
Brief of respondent Troy Michael Kell in opposition filed.
2019-10-23
Motion for leave to proceed in forma pauperis filed by respondent Troy Michael Kell.
2019-09-23
Brief amici curiae of State of Indiana, et al. filed.
2019-09-20
Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2019.
2019-09-17
Motion to extend the time to file a response from September 23, 2019 to October 23, 2019, submitted to The Clerk.
2019-08-21
Petition for a writ of certiorari filed. (Response due September 23, 2019)
Attorneys
Larry Benzon, Warden, Utah State Prison
Tyler Green — Utah Solicitor General, Petitioner
State of Indiana
Thomas M. Fisher — Amicus
Troy Michael Kell
Dale A. Baich — Arizona Public Defender, Capital Habeas Unit, Respondent