Ryan v. Schad (2012)
- Docket
- 12-1084
- Decided
- 2012-01-01
Summary
Question: Did the U.S. Court of Appeals for the Ninth Circuit abuse its discretion by failing to issue the mandate for execution after the U.S. Supreme Court declined to issue a writ of certiorari? Conclusion: Yes. In a per curiam decision, the Court held that, once the Supreme Court has denied a petition for a writ of certiorari, the appellate court must issue the mandate for execution immediately absent extraordinary circumstances. In this case, there were no extraordinary circumstances because the argument that Schad advanced was exactly the same one that the appellate court and the Supreme Court had previously denied.