Armenia Cudjo, Jr. v. Robert Ayers, Jr.
ARMENIA LEVI CUDJO, Jr. |
ROBERT L. AYERS, Jr., Warden, California State Prison at San Quentin |
08-99028 |
November 26, 2008 |
U.S. Court of Appeals, Ninth Circuit |
Habeas Corpus: Death Penalty |
Docket Report
This docket was last retrieved on September 14, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 87 MANDATE ISSUED.(AK, DFO and NRS) [8670474] (RR) |
Filing 86 The petition for writ of certiorari was denied on 05/28/2013. The motion of respondent for leave to proceed ifp is granted. Supreme Court number 12-971. (Panel: AK, DFO and NRS). [8669143] (RR) |
Filing 85 Received notice from the Supreme Court: petition for certiorari filed on 02/04/2013. Supreme Court Number 12-971. [8518082] (RR) |
Filing 84 Filed order (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and N. RANDY SMITH) Appellee’s motion for a stay of the issuance of the mandate pending application for writ of certiorari is GRANTED. Fed. R. App. P. 41(b). The mandate is ordered stayed for ninety days pending the filing of a petition for writ of certiorari in the United States Supreme Court. [8418711] (BJB) |
Filing 83 Filed (ECF) Appellee Robert L. Ayers, Jr. Motion to stay the mandate. Date of service: 11/07/2012. [8391591] (ASH) |
Filing 82 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Correspondence: Requesting two additional attorneys be listed for petitioner-appellant, Armenia Cudjo in published opinion. Date of service: 11/05/2012 [8388931] (MRD) |
Filing 81 Filed order (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and N. RANDY SMITH) Chief Judge Kozinski and Judge Smith vote to deny the petition for rehearing en banc. Judge O’Scannlain votes to grant the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. [8387431] (BJB) |
Filing 80 Filed (ECF) Appellee Robert L. Ayers, Jr. petition for rehearing en banc (from 09/28/2012 opinion). Date of service: 10/10/2012. [8354189] (ASH) |
Filing 79 Added attorney A. Scott Hayward for Robert L. Ayers Jr., in case 08-99028. [8347315] (SW) |
Filing 78 Filed (ECF) notice of appearance of A. Scott Hayward for Appellee Robert L. Ayers, Jr.. Date of service: 10/03/2012. [8346986] (ASH) |
Filing 77 FILED OPINION (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and N. RANDY SMITH) REVERSED AND REMANDED. Judge: DFO Dissenting, Judge: NRS Authoring. FILED AND ENTERED JUDGMENT. [8340572] (RP) |
Filing 76 Filed order (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and N. RANDY SMITH) Denying Petitioner’s Motions for judicial notice (the “Motions”), dated September 15, 2010 and January 27, 2012, are denied as moot, because the majority did not rely on the evidence subject to the Motions in deciding to reverse and remand the case to the district court. IT IS SO ORDERED. [8340557] (RP) |
Filing 75 Deleted Entry; Order filed in error, removed per Judge instructions. [8333144] (BJB) |
Filing 74 ARGUED AND SUBMITTED TO ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and N. RANDY SMITH. [8059439] (FB) |
Filing 73 Received 7 paper copies of Supplemental reply brief [66] filed by Armenia Levi Cudjo, Jr.. [8054460] (PA) |
Filing 72 Filed clerk AMENDED order (Deputy Clerk: PA): Appellant’s motion for leave to file an oversized supplemental reply brief of 11,678 words is granted. [8052521] (PA) |
Filing 71 Filed clerk order: The supplemental reply brief [66] submitted by Armenia Levi Cudjo is filed. By 3:00 p.m., February 2, 2012, Appellant shall forward to the Clerk of Court 7 paper copies of the supplemental reply brief. accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. (See Order for Full Text) Cover color: tan. [8051951] [8051951] --[Edited 02/01/2012 by PA] (PA) |
Filing 70 Filed clerk order (Deputy Clerk: PA):Appellee’s motion for leave to file an oversized supplemental reply brief of 11,678 words is granted. [8051794] (PA) |
Filing 68 Filed Appellant Armenia Levi Cudjo, Jr. supplemental excerpts of record on appeal in 3 volumes (Volumes 10-12); Served on 1/26/2012.. [8049670] (PA) |
Filing 69 Received 7 paper copies of Supplemental brief [60] filed by Robert L. Ayers. [8049741] (PA) |
Filing 67 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to take judicial notice of Orders on Morales v. Cates, 757 F. Supp. 2d 961 (N.D. Cal. 2010) and Mitchell Sims v. California Department of Corrections and Rehabilitation, et al., CIV 1004019, Superior Court, State of California, Marin County, filed December 10, 2011. Date of service: 01/27/2012. [8048243] (JLL) |
Filing 66 Submitted (ECF) Reply brief for review. Submitted by Appellant Armenia Levi Cudjo, Jr.. Date of service: 01/26/2012. [8047081] (JLL) |
Filing 65 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to file oversized brief. Date of service: 01/26/2012. [8047023] (JLL) |
Filing 64 Filed clerk order: The supplemental brief [60] submitted by Robert L. Ayers is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. [8044524] (PA) |
Filing 63 Filed AMENDED clerk order (Deputy Clerk: PA): Appellee’s motion for leave to file an oversized supplemental answering brief of 17,696 words is granted. The reply brief is due no later than January 30, 2012. [8039344] (PA) |
Filing 62 Filed clerk order (Deputy Clerk: PA): Appellee’s motion for leave to file an oversized supplemental answering brief of 17,696 words is granted. The reply brief is due no later than January 30, 2011. [8039040] (PA) |
Filing 61 Filed Appellee Robert L. Ayers supplemental excerpts of record on appeal in 1 volume (Volume 5). [8027838]--[Edited: Backdated entry to reflect correct filed date (1/9/2012). 01/11/2012 by RY] (PA) |
Filing 60 Submitted (ECF) Answering brief for review. Submitted by Appellee Robert L. Ayers. Date of service: 01/06/2012. [8022723] (JWB) |
Filing 59 Filed (ECF) Appellee Robert L. Ayers Unopposed Motion to file oversized brief. Date of service: 01/06/2012. [8022640] (JWB) |
Filing 58 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. James William Bilderback, II for Appellee Robert L. Ayers. [8001826] (JWB) |
Filing 57 Notice of Oral Argument on FEBRUARY Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [7999340] (LN) |
Filing 56 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney John Lewis Littrell for Appellant Armenia Levi Cudjo, Jr.. [7992057] (JLL) |
Filing 55 Added attorney John Lewis Littrell for Armenia Levi Cudjo Jr., in case 08-99028. [7991368] (PA) |
Filing 54 Filed (ECF) notice of appearance of John Littrell for Appellant Armenia Levi Cudjo, Jr.. Date of service: 12/07/2011. [7991290] (JLL) |
Filing 53 Filed clerk order (Deputy Clerk: MCD): By January 6, 2012, Respondent shall file a supplemental answering brief, not to exceed 11,200 words, addressing: (a) uncertified Claims V, VII, VIII, IX, and X in the opening brief, see AOB at 44-64, 70-122; and (b) the impact, if any, on this appeal of Cullen v. Pinholster, 131 S.Ct. 1388 (2011). The supplemental reply brief, not to exceed 5,600 words, is due January 20, 2012. The Court will decide whether to issue a certificate of appealability as to the uncertified issues after considering the additional briefing. Any motion to extend the time to file a supplemental brief is strongly disfavored. [7988642] (PA) |
Filing 52 UPDATED CASE CALENDARED: moved to Tuesday, 02/07/2012 9:30 AM Pasadena, CA Courtroom 3 [7971478] (AW) |
Filing 51 Terminated Katherine Froyen Black for Armenia Levi Cudjo Jr. in 08-99028 [7966174] (PH) |
Filing 50 UPDATED CASE CALENDARED: Wednesday, 02/08/2012 9:30 AM Pasadena, CA Courtroom 3 [note room change] [7962532] (AW) |
Filing 49 Filed clerk order (Deputy Clerk: PA): Oral argument will be heard on Wednesday, February 8, 2012, at 9:30 a.m., in Courtroom 1 of the Richard H. Chambers U.S. Court of Appeals Building in Pasadena. Each side will be allotted thirty (30) minutes to present its arguments. [7958890] (PA) |
Filing 47 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. citation of supplemental authorities. Date of service: 01/31/2011. [7631141] (MRD) |
Filing 46 Received 7 paper copies of Reply brief [42] filed by Armenia Levi Cudjo, Jr.. [7488524] (PA) |
Filing 45 Filed Appellant Armenia Levi Cudjo, Jr. excerpts of record in 1 volume. Served on 09/15/2010. [7480902] (PK) |
Filing 44 Filed clerk order: The reply brief [42] submitted by Armenia Levi Cudjo, Jr. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7476109] (PA) |
Filing 43 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to take judicial notice of court orders in other cases. Date of service: 09/15/2010. [7475919] (MRD) |
Filing 42 Submitted (ECF) Reply brief for review. Submitted by Appellant Armenia Levi Cudjo, Jr.. Date of service: 09/15/2010. [7475916] (MRD) |
Filing 41 Filed order MOATT: (ME) Appellant's August 25, 2010 unopposed motion for a third extension of time, until September 8, 2010, to file the reply brief is granted nunc pro tunc. Appellant's September 8, 2010 unopposed motion for a fourth extension of time to file the reply brief is granted. The reply brief is due September 15, 2010. Counsel is reminded that numerous small extension requests are disfavored when counsel can foresee that more time will be needed. [7475720] (PA) |
Filing 40 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Reply brief until 09/15/2010. Date of service: 09/08/2010. [7467444] (MRD) |
Filing 39 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Reply brief until 09/08/2010. Date of service: 08/25/2010. [7452669] (MRD) |
Filing 38 Filed order MOATT: (ME)Appellant's unopposed motion for a second extension of time to file the reply brief is granted. The reply brief is due September 1, 2010.[7440071] (PA) |
Filing 37 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to extend time to file Reply brief until 09/01/2010. Date of service: 08/11/2010. [7436971] (MRD) |
Filing 36 Filed order MOATT: (ME) Appellee's unopposed motion to extend the time to August 18, 2010 to file the reply brief is granted. [7410434] (PA) |
Filing 35 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to extend time to file Reply brief until 08/18/2010. Date of service: 07/09/2010. [7399969] (KFB) |
Filing 34 Filed Appellee Robert L. Ayers, Jr. supplemental excerpts of record on appeal in 4 volumes. [7388269] (PA) |
Filing 33 Received 7 paper copies of Answering brief [31] filed by Robert L. Ayers, Jr.. One copy to Case Files, the remainder to Records. [7388248] (PA) |
Filing 32 Filed clerk order: The answering brief [31] submitted by Robert L. Ayers, Jr. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7384146] (PA) |
Filing 31 Submitted (ECF) Answering brief for review. Submitted by Appellee Robert L. Ayers, Jr.. Date of service: 06/24/2010. [7383620] (JWB) |
Filing 30 Filed order MOATT: (ME)Appellee's unopposed motion for a third extension of time to file the answering brief is granted as follows. The answering brief, not to exceed 27,259 words, is due August 3, 2010. Appellant's reply brief is due within 21 days after service of the answering brief. [7350681] (PA) |
Filing 29 Filed (ECF) Appellee Robert L. Ayers, Jr. Unopposed Motion to extend time to file Answering brief until 08/02/2010. Date of service: 05/25/2010. [7349988] (JWB) |
Filing 28 Filed order MOATT: (ME) Appellee's unopposed motion for a second extension of time to file the answering brief is granted as follows. The answering brief, not to exceed 27,259 words, is due June 2, 2010. Appellant's reply brief is due within 21 days after service of the answering brief. [7278838] (PA) |
Filing 27 Filed (ECF) Appellee Robert L. Ayers, Jr. Unopposed Motion to extend time to file Answering brief until 06/01/2010. Date of service: 03/19/2010. [7273112] (JWB) |
Filing 26 Filed order MOATT: (ME) Appellee's unopposed motion to extend the time to March 30, 2010 to file the answering brief, of no more than 27,259 words, is granted. Appellant's reply brief is due within 21 days after service of the answering brief. [7208454] (PA) |
Filing 25 Filed (ECF) Appellee Robert L. Ayers, Jr. Unopposed Motion to extend time to file Answering brief until 03/30/2010. Date of service: 01/22/2010. [7205075] (JWB) |
Filing 24 Received 10 paper copies of Opening brief [20] filed by Armenia Levi Cudjo, Jr.. One copy to Case Files, the remainder to Records. [7156162]--[Edited 12/08/2009 by PA [7156162] (PA) |
Filing 23 Filed clerk order: The opening brief [20] submitted by Armenia Levi Cudjo, Jr. is filed. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7145848] (PA) |
Filing 22 Filed order MOATT: (ME) Appellant's unopposed motion for leave to file an oversized opening brief of 27,259 words is granted. The Clerk shall file the opening brief submitted on November 20, 2009. The answering brief, not to exceed 27,259 words, is due January 29, 2010. Appellant's reply brief is due within 21 days after service of the answering brief. [7145826] (PA) |
Filing 21 Filed Appellant Armenia Levi Cudjo, Jr. excerpts of record in 9 volumes. RECORDS. [7142045] (PA) |
Filing 20 Submitted (ECF) Opening brief for review and filed Motion to file oversized brief. Submitted by Appellant Armenia Levi Cudjo, Jr.. Date of service: 11/20/2009. [7139107] (KFB) |
Filing 19 Filed order MOATT: (ME) Appellant's unopposed motion for an eighth extension of time to file the opening brief is granted. The opening brief is due November 20, 2009. The answering brief is due January 29, 2010. Appellant's reply brief is due within 21 days after service of the answering brief. [7131824] (PA) |
Filing 18 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 11/20/2009. Date of service: 11/12/2009. [7128840] (KFB) |
Filing 17 Filed order MOATT: (ME) Appellant's unopposed motion for a seventh extension of time to file the opening brief is granted. The opening brief is due November 13, 2009. The answering brief is due January 22, 2010. Appellant's reply brief is du [7101797] (PA) |
Filing 16 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to extend time to file Opening brief until 11/13/2009 at 11:59 pm. Date of service: 10/16/2009. [7097183] (MRD) |
Filing 15 Filed order MOATT: (ME)Appellant's unopposed motion for a sixth extension of time to file the opening brief is granted. The opening brief is due October 23, 2009. The answering brief is due December 22, 2009. Appellant's reply brief is due January 22, 2010. [7067566] (PA) |
Filing 14 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 10/23/2009. Date of service: 09/16/2009. [7064518] (MRD) |
Filing 13 Filed order (Appellate Commissioner)Appellant's unopposed motion for a fifth extension of time to file the opening brief is granted. The opening brief is due September 23, 2009. The answering brief is due November 24, 2009. The reply brief is due within 21 days after service of the answering brief. [7029844] (PA) |
Filing 12 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 09/23/2009. Date of service: 08/12/2009. [7025562] (MRD) |
Filing 11 Filed order (Appellate Commissioner)Appellant's unopposed motion for a fourth extension of time to file the opening brief is granted. The opening brief is due August 19, 2009. The answering brief is due October 20, 2009. The reply brief is due within 21 days after service of the answering brief. (PA) |
Filing 10 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 08/19/2009. Date of service: 05/28/2009. [6936742] (MRD) |
Filing 9 Filed order MOATT: (ME) Appellant's unopposed motion for a third extension of time to file the opening brief is granted. The opening brief is due June 5, 2009. The answering brief is due August 5, 2009. The reply brief is due within 21 days after service of the answering brief. (PA) |
Filing 8 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 06/05/2009 at 05:00 pm. Date of service: 04/29/2009. [6902335] (KFB) |
Filing 7 Filed order MOATT: (ME) ; Appellant's unopposed motion for a second extension of time to file the opening brief is granted. The opening brief is due May 6, 2009. The answering brief is due July 10, 2009. The reply brief is due within 21 days after service of the answering brief. (PA) |
Filing 6 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 05/06/2009. Date of service: 03/30/2009. [6864058] (KFB) |
Filing 5 Filed order MOATT: (ME) ; Petitioner's unopposed motion to extend the time to April 6, 2009 to file the opening brief is granted. The answering brief is due June 5, 2009. The reply brief is due within 21 days after service of the answering brief. (PA) |
Filing 4 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Unopposed Motion to extend time to file Opening brief until 04/06/2009. Date of service: 02/24/2009. [6820096] (KFB) |
Filing 3 ENTRY UPDATED. Received Appellant Armenia Levi Cudjo, Jr's. notice regarding Ordering Transcript for Appeal.--[Edited 11/26/2008 by PA] (Note: Notice received prior to case opening) (PA) |
Filing 2 Filed certificate of record on appeal. RT filed in DC 11/25/08 . (PA) |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Setting schedule as follows: Appellant Armenia Levi Cudjo Jr. opening brief due 03/05/2009. Appellee Robert L. Ayers Jr. answering brief due 04/06/2009 Appellant's optional reply brief is due 14 days after service of the answering brief. (PA) |
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Petitioner - appellant,: ARMENIA LEVI CUDJO, Jr. | |
Represented By: | Katherine Froyen Black |
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Respondent - appellee,: ROBERT L. AYERS, Jr., Warden, California State Prison at San Quentin | |
Represented By: | James William Bilderback |
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