Lenhard v. Wolff

Decision Date18 October 1979
Docket NumberNo.A-332,No. A-172,A-172,A-332
Citation100 S.Ct. 241,444 U.S. 1301,62 L.Ed.2d 11
PartiesKirk B. LENHARD and George E. Franzen, Clark County Deputy Public Defenders, individually and as next friends acting on behalf of Jesse Walter Bishop, applicants, v. Charles WOLFF, Warden, Nevada State Prison System, et al
CourtU.S. Supreme Court

Mr. Justice REHNQUIST.

On Lenhard v. Wolff, 444 U.S. 807, 100 S.Ct. 29, 62 L.Ed.2d 20. Respondents have subsequently rescheduled Bishop's execution for Monday, October 22, 1979. Lenhard and Franzen have now submitted to me, as Circuit Justice, a petition requesting rehearing of this Court's order of October 1, and an application for stay of execution pending determination of the petition for rehearing.

Resolving in applicants' favor all questions pertaining to procedures and rules of the Court, I am satisfied that the moving papers would not persuade the requisite number of Justices to grant applicants' proposed petition for certiorari, to grant the petition for rehearing of this Court's previous denial of a stay pending the filing of a petition for certiorari, or to grant a stay pending Conference consideration of the petition for rehearing. See this Court's Rule 58. As a consequence whether the submission presented to me as Circuit Justice on October 16, 1979, is treated as a request for a rehearing of our previous denial of a stay of execution, or as a new request for a stay of execution, it is in all respects

Denied.

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5 cases
  • Rumbaugh v. Procunier
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 20 February 1985
    ...the Court, carried on the Supreme Court's Special Docket as item S-2. No further action has been reported.2 Lenhard v. Wolff, 444 U.S. 1301, 100 S.Ct. 241, 62 L.Ed.2d 11 (1979) (failure to prove mental illness), vacating stay of execution, 444 U.S. 921, 100 S.Ct. 241, 62 L.Ed.2d 177 (1979);......
  • State v. Tyler
    • United States
    • Ohio Supreme Court
    • 28 March 1990
    ...continuing stay of execution), stay denied by full court (1979), 444 U.S. 807, 100 S.Ct. 29, 62 L.Ed.2d 20 stay denied (1979), 444 U.S. 1301, 100 S.Ct. 241, 62 L.Ed.2d 11 rehearing denied (1979), 444 U.S. 921, 100 S.Ct. 241, 62 L.Ed.2d 177. See, also, Deere, supra, 41 Cal.3d at 371, 222 Cal......
  • State v. Guy
    • United States
    • Wisconsin Court of Appeals
    • 29 October 1991
  • Rumbaugh on Behalf of Rumbaugh v. McKaskle
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 20 April 1984
    ...663 F.2d 1004 (10th Cir.1981); Weber v. Garza, 570 F.2d 511 (5th Cir.1978). See also Lenhard v. Wolf, 444 U.S. 1301, 100 S.Ct. 241, 62 L.Ed.2d 11 (1979) (in-chambers opinion of Rehnquist, J.); Evans v. Bennett, 440 U.S. 1301, 99 S.Ct. 1481, 59 L.Ed.2d 756 (1979) (in-chambers opinion of Rehn......
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