Armenia Cudjo, Jr. v. Robert Ayers, Jr. Featured Case
Petitioner - Appellant,: ARMENIA LEVI CUDJO, Jr.
Respondent - Appellee,: ROBERT L. AYERS, Jr., Warden, California State Prison at San Quentin
Case Number: 08-99028
Filed: November 26, 2008
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Habeas Corpus: Death Penalty

Opinions

We have the following opinions for this case:

Date Filed Description
September 28, 2012 Summary Cudjo, Jr. v. Ayers, Jr.

Docket Report

This docket was last retrieved on September 14, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2013 Filing 87 MANDATE ISSUED.(AK, DFO and NRS) [8670474] (RR)
June 17, 2013 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)
February 19, 2013 Filing 85 Received notice from the Supreme Court: petition for certiorari filed on 02/04/2013. Supreme Court Number 12-971. [8518082] (RR)
November 28, 2012 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)
November 7, 2012 Filing 83 Filed (ECF) Appellee Robert L. Ayers, Jr. Motion to stay the mandate. Date of service: 11/07/2012. [8391591] (ASH)
November 5, 2012 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)
November 5, 2012 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)
October 10, 2012 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)
October 3, 2012 Filing 79 Added attorney A. Scott Hayward for Robert L. Ayers Jr., in case 08-99028. [8347315] (SW)
October 3, 2012 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)
September 28, 2012 Opinion or Order 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)
September 28, 2012 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)
September 21, 2012 Filing 75 Deleted Entry; Order filed in error, removed per Judge instructions. [8333144] (BJB)
February 7, 2012 Filing 74 ARGUED AND SUBMITTED TO ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN and N. RANDY SMITH. [8059439] (FB)
February 2, 2012 Filing 73 Received 7 paper copies of Supplemental reply brief [66] filed by Armenia Levi Cudjo, Jr.. [8054460] (PA)
February 1, 2012 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)
January 31, 2012 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)
January 31, 2012 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)
January 30, 2012 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)
January 27, 2012 Filing 69 Received 7 paper copies of Supplemental brief [60] filed by Robert L. Ayers. [8049741] (PA)
January 27, 2012 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)
January 26, 2012 Filing 66 Submitted (ECF) Reply brief for review. Submitted by Appellant Armenia Levi Cudjo, Jr.. Date of service: 01/26/2012. [8047081] (JLL)
January 26, 2012 Filing 65 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. Motion to file oversized brief. Date of service: 01/26/2012. [8047023] (JLL)
January 20, 2012 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)
January 20, 2012 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)
January 20, 2012 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)
January 9, 2012 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)
January 6, 2012 Filing 60 Submitted (ECF) Answering brief for review. Submitted by Appellee Robert L. Ayers. Date of service: 01/06/2012. [8022723] (JWB)
January 6, 2012 Filing 59 Filed (ECF) Appellee Robert L. Ayers Unopposed Motion to file oversized brief. Date of service: 01/06/2012. [8022640] (JWB)
December 15, 2011 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)
December 13, 2011 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)
December 7, 2011 Filing 56 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney John Lewis Littrell for Appellant Armenia Levi Cudjo, Jr.. [7992057] (JLL)
December 7, 2011 Filing 55 Added attorney John Lewis Littrell for Armenia Levi Cudjo Jr., in case 08-99028. [7991368] (PA)
December 7, 2011 Filing 54 Filed (ECF) notice of appearance of John Littrell for Appellant Armenia Levi Cudjo, Jr.. Date of service: 12/07/2011. [7991290] (JLL)
December 5, 2011 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)
November 18, 2011 Filing 52 UPDATED CASE CALENDARED: moved to Tuesday, 02/07/2012 9:30 AM Pasadena, CA Courtroom 3 [7971478] (AW)
November 15, 2011 Filing 51 Terminated Katherine Froyen Black for Armenia Levi Cudjo Jr. in 08-99028 [7966174] (PH)
November 10, 2011 Filing 50 UPDATED CASE CALENDARED: Wednesday, 02/08/2012 9:30 AM Pasadena, CA Courtroom 3 [note room change] [7962532] (AW)
November 8, 2011 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)
January 31, 2011 Filing 47 Filed (ECF) Appellant Armenia Levi Cudjo, Jr. citation of supplemental authorities. Date of service: 01/31/2011. [7631141] (MRD)
September 27, 2010 Filing 46 Received 7 paper copies of Reply brief [42] filed by Armenia Levi Cudjo, Jr.. [7488524] (PA)
September 20, 2010 Filing 45 Filed Appellant Armenia Levi Cudjo, Jr. excerpts of record in 1 volume. Served on 09/15/2010. [7480902] (PK)
September 16, 2010 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)
September 15, 2010 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)
September 15, 2010 Filing 42 Submitted (ECF) Reply brief for review. Submitted by Appellant Armenia Levi Cudjo, Jr.. Date of service: 09/15/2010. [7475916] (MRD)
September 15, 2010 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)
September 8, 2010 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)
August 25, 2010 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)
August 13, 2010 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)
August 11, 2010 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)
July 19, 2010 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)
July 9, 2010 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)
June 28, 2010 Filing 34 Filed Appellee Robert L. Ayers, Jr. supplemental excerpts of record on appeal in 4 volumes. [7388269] (PA)
June 28, 2010 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)
June 24, 2010 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)
June 24, 2010 Filing 31 Submitted (ECF) Answering brief for review. Submitted by Appellee Robert L. Ayers, Jr.. Date of service: 06/24/2010. [7383620] (JWB)
May 26, 2010 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)
May 25, 2010 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)
March 25, 2010 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)
March 19, 2010 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)
January 26, 2010 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)
January 22, 2010 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)
December 7, 2009 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)
November 30, 2009 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)
November 30, 2009 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)
November 23, 2009 Filing 21 Filed Appellant Armenia Levi Cudjo, Jr. excerpts of record in 9 volumes. RECORDS. [7142045] (PA)
November 20, 2009 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)
November 16, 2009 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)
November 12, 2009 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)
October 20, 2009 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)
October 16, 2009 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)
September 18, 2009 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)
September 16, 2009 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)
August 17, 2009 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)
August 12, 2009 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)
June 3, 2009 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)
May 28, 2009 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)
May 1, 2009 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)
April 29, 2009 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)
March 31, 2009 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)
March 30, 2009 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)
February 27, 2009 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)
February 24, 2009 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)
November 26, 2008 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)
November 26, 2008 Filing 2 Filed certificate of record on appeal. RT filed in DC 11/25/08 . (PA)
November 26, 2008 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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