Richmond v. Lewis

Decision Date17 March 1993
Docket NumberNo. 86-2382,86-2382
Citation986 F.2d 1583
PartiesWillie Lee RICHMOND, Petitioner-Appellant, v. Samuel A. LEWIS, * Director, Arizona Department of Corrections; and Roger Crist, Superintendent of the Arizona State Prison, Respondents-Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

On Remand From the United States Supreme Court; Sandra Day O'Connor, Associate Justice.

Before: ALARCON and O'SCANNLAIN, Circuit Judges, and STEPHENS, ** District Judge.

Pursuant to the mandate of the United States Supreme Court certified on December 31, 1992 in Richmond v. Lewis, --- U.S. ----, 113 S.Ct. 528, 121 L.Ed.2d 411 (1992), we vacate our opinion at 948 F.2d 1473 (9th Cir.1991), reverse the district court, and remand for further proceedings which are consistent with the opinion of the Supreme Court.

Appellant's motion to issue mandate is denied as moot.

* Samuel A. Lewis and Roger Crist have been substituted for their respective predecessors in office, James R. Ricketts and Donald Wawrzaszek, pursuant to Federal Rule of Appellate Procedure 43(c)(1).

** The Honorable Albert Lee Stephens, Senior United States District Judge for the Central District of California, sitting by designation.

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20 cases
  • McKenzie v. Day
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 8, 1995
    ...v. Lewis, 948 F.2d 1473 (9th Cir.1990), rev'd on other grounds, --- U.S. ----, 113 S.Ct. 528, 121 L.Ed.2d 411 (1992), vacated, 986 F.2d 1583 (9th Cir.1993). While the panel in Richmond eventually vacated its opinion, 986 F.2d 1583, rendering its ruling non-binding on us, the fact that the c......
  • Spreitz v. Ryan
    • United States
    • U.S. District Court — District of Arizona
    • May 12, 2009
    ...status played a part in his sentence. See Richmond v. Lewis, 948 F.2d 1473, 1490-91 (9th Cir.1990), vacated on other grounds, 986 F.2d 1583 (9th Cir. 1993) (holding that statistical evidence that Arizona's death penalty is discriminatorily imposed based on race, sex, and socio-economic back......
  • Jones v. Schriro
    • United States
    • U.S. District Court — District of Arizona
    • September 1, 2006
    ...or economic status played a part in his sentence. See Richmond v. Lewis, 948 F.2d 1473, 1490-91 (1990), vacated on other grounds, 986 F.2d 1583 (9th Cir.1993) (holding that statistical evidence that Arizona's death penalty is discriminatorily imposed based on race, sex, and socio-economic b......
  • Garza v. Shinn
    • United States
    • U.S. District Court — District of Arizona
    • December 9, 2021
    ... ... violation.'" Robinson v. Schriro, 595 F.3d ... 1086, 1103 (9th Cir. 2010) (quoting Lewis v ... Jeffers, 497 U.S. 764, 780 (1990)). In making that ... determination, the "rational fact-finder" standard ... applies ... it fails to furnish principled guidance for the choice ... between death and a lesser penalty." Richmond v ... Lewis, ... 506 U.S. 40, 46 (1992). For example, Arizona's cruel, ... heinous, or depraved aggravating circumstance was ... ...
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1 books & journal articles
  • Getting out of this mess: steps toward addressing and avoiding inordinate delay in capital cases.
    • United States
    • Journal of Criminal Law and Criminology Vol. 89 No. 1, September 1998
    • September 22, 1998
    ...640 F. Supp. 767, 803 (D. Ariz. 1986), aff'd, 921 F.2d 933 (9th Cir. 1990), rev'd on other grounds, 506 U.S. 40 (1992), and vacated, 986 F.2d 1583 (9th Cir. (23) According to the Ninth Circuit: A defendant must not be penalized for pursuing his constitutional rights, but he also should not ......

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