Gray Maria v. William Muniz
| GRAY MARIA |
| RANDY GROUNDS, Warden and WILLIAM MUNIZ, Warden |
| 15-56272 |
| August 20, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Filing 56 Supreme Court Case Info Case number: 17-6851 Filed on: 11/16/2017 Cert Petition Action 1: Denied, 01/08/2018 [10721972] (RR) [Entered: 01/11/2018 02:10 PM] |
| Filing 55 Supreme Court Case Info Case number: 17-6851 Filed on: 11/16/2017 Cert Petition Action 1: Pending [10665629] (RR) [Entered: 11/23/2017 12:08 PM] |
| Filing 54 Received letter from the Supreme Court dated 10/20/2017 regarding The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kennedy, who on October 20, 2017, extended the time to and including November 25, 2017. Application No. 17A418 . [10638206] (RR) [Entered: 10/31/2017 01:40 PM] |
| Filing 53 MANDATE ISSUED.(SPG, MHM and SRB) [10551753] (RL) [Entered: 08/21/2017 11:18 AM] |
| Filing 52 Received 7 paper copies of Supplemental Brief [ # 47 ] filed by Gray Maria. [10525573] (Sent to Panel) (RG) [Entered: 07/28/2017 01:23 PM] |
| Filing 51 FILED MEMORANDUM DISPOSITION (SUSAN P. GRABER, MARY H. MURGUIA and SUSAN R. BOLTON) AFFIRMED. FILED AND ENTERED JUDGMENT. [10525412] (PH) [Entered: 07/28/2017 11:50 AM] |
| Filing 50 Filed clerk order: The supplemental brief [ # 47 ] submitted by Gray Maria 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. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10521976] (SML) [Entered: 07/26/2017 11:04 AM] |
| Filing 49 Filed order (SUSAN P. GRABER, MARY H. MURGUIA and SUSAN R. BOLTON) Appellants Motion for Leave to File Reply to Response to Supplemental Brief is GRANTED. Appellants Reply to Response to Supplemental Brief tendered July 14, 2017, is ordered filed. [10521724] (OC) [Entered: 07/26/2017 09:13 AM] |
| Filing 48 Filed (ECF) Appellant Gray Maria Motion to file supplemental brief. Date of service: 07/17/2017. [10510520] [15-56272] (Yim, Mark) [Entered: 07/17/2017 10:55 AM] |
| Filing 47 Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Gray Maria. Date of service: 07/14/2017. [10509734] [15-56272] (Yim, Mark) [Entered: 07/14/2017 04:12 PM] |
| Filing 46 Received 7 paper copies of Supplemental Brief [ # 44 ] filed by William Muniz (sent to panel). [10503796] (DB) [Entered: 07/11/2017 08:26 AM] |
| Filing 45 Filed clerk order: The supplemental brief [ # 44 ] submitted by William Muniz 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. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10498380] (GV) [Entered: 07/05/2017 05:02 PM] |
| Filing 44 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee William Muniz. Date of service: 07/05/2017. [10498009] [15-56272]--[COURT UPDATE: Edited docket text to reflect correct brief type. 07/05/2017 by RY] (Bilderback, James) [Entered: 07/05/2017 03:16 PM] |
| Filing 43 Filed 4 paper copies of further excerpts of record [ # 39 ] in 1 volume(s) filed by Appellant Gray Maria. (sent to panel) [10492828] (SML) [Entered: 06/29/2017 02:31 PM] |
| Filing 42 Received 7 paper copies of Supplemental Brief [ # 38 ] filed by Gray Maria. [10492239] (Sent to Panel) (RG) [Entered: 06/29/2017 10:54 AM] |
| Filing 41 Filed clerk order: The supplemental brief [ # 38 ] submitted by Gray Maria 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. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the further excerpts of record [ # 39 ] submitted by Gray Maria. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10488555] (SML) [Entered: 06/26/2017 04:32 PM] |
| Filing 40 Filed order (SUSAN P. GRABER, MARY H. MURGUIA and SUSAN R. BOLTON) Appellants unopposed motions to file a supplemental brief and further excerpts of record are GRANTED (Docs. [ # 36 ], [ # 37 ]). The clerk is DIRECTED to file the supplemental brief and further excerpts of record submitted on June 15, 2017. Appellee is DIRECTED to file a response to Appellants supplemental brief, not to exceed 10 pages, by close of business on July 6, 2017. [10488256] (OC) [Entered: 06/26/2017 03:29 PM] |
| Filing 39 Submitted (ECF) further excerpts of record. Submitted by Appellant Gray Maria. Date of service: 06/15/2017. [10475652] [15-56272] (Yim, Mark) [Entered: 06/15/2017 03:51 PM] |
| Filing 38 Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Gray Maria. Date of service: 06/15/2017. [10475639] [15-56272] (Yim, Mark) [Entered: 06/15/2017 03:49 PM] |
| Filing 37 Filed (ECF) Appellant Gray Maria Unopposed Motion to file supplemental excerpts of record. Date of service: 06/15/2017. [10475556] [15-56272]--[COURT UPDATE: Removed excerpts of record (filed correctly in entry [ # 39 ]). 06/15/2017 by SLM] (Yim, Mark) [Entered: 06/15/2017 03:19 PM] |
| Filing 36 Filed (ECF) Appellant Gray Maria Unopposed Motion to file supplemental brief. Date of service: 06/15/2017. [10475546] [15-56272]--[COURT UPDATE: Removed brief (filed correctly in entry [ # 38 ]). 06/15/2017 by SLM] (Yim, Mark) [Entered: 06/15/2017 03:16 PM] |
| Filing 35 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10465029] (Witt, Dusty) [Entered: 06/08/2017 01:33 PM] |
| Filing 34 ARGUED AND SUBMITTED TO SUSAN P. GRABER, MARY H. MURGUIA and SUSAN R. BOLTON. [10463262] (Witt, Dusty) [Entered: 06/07/2017 01:31 PM] |
| Filing 33 Filed (ECF) Appellant Gray Maria citation of supplemental authorities. Date of service: 05/31/2017. [10454279] [15-56272] (Yim, Mark) [Entered: 05/31/2017 01:52 PM] |
| Filing 32 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. James William Bilderback, II for Appellee William Muniz. [10382703] [15-56272] (Bilderback, James) [Entered: 04/04/2017 11:44 AM] |
| Filing 31 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mark Abraham Yim for Appellant Gray Maria. [10382461] [15-56272] (Yim, Mark) [Entered: 04/04/2017 10:42 AM] |
| Filing 30 Notice of Oral Argument on Wednesday, June 7, 2017 - 09:00 A.M. - Courtroom 3 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [10379658] (Witt, Dusty) [Entered: 03/31/2017 03:22 PM] |
| Filing 28 This case is being considered for the June 2017 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10338255] (AW) [Entered: 03/01/2017 12:12 PM] |
| Filing 27 RECEIVED (COPY) CERTIFIED RECORD ON APPEAL. Record Part: State Lodged Docs, No. of Boxes: 1, Sealed: n. [10324895] (SOS) [Entered: 02/17/2017 02:30 PM] |
| Filing 26 Received 7 paper copies of Reply Brief [ # 24 ] filed by Gray Maria. [10279601] (RG) [Entered: 01/25/2017 01:12 PM] |
| Filing 25 Filed clerk order: The reply brief [ # 24 ] submitted by Gray Maria 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: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10272348] (GV) [Entered: 01/19/2017 03:24 PM] |
| Filing 24 Submitted (ECF) Reply Brief for review. Submitted by Appellant Gray Maria. Date of service: 01/18/2017. [10269704] [15-56272] (Yim, Mark) [Entered: 01/18/2017 11:23 AM] |
| Filing 23 Streamlined request [22] by Appellant Gray Maria to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 01/18/2017. [10227872] (GS) [Entered: 12/09/2016 04:36 PM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Gray Maria. New requested due date is 01/18/2017. [10227383] [15-56272] (Yim, Mark) [Entered: 12/09/2016 02:18 PM] |
| Filing 21 Received 7 paper copies of Answering Brief [ # 17 ] filed by William Muniz. [10225282] (RG) [Entered: 12/08/2016 10:59 AM] |
| Filing 20 Filed 4 paper copies of supplemental excerpts of record [ # 18 ] in 1 volume(s) filed by Appellee William Muniz. [10225226] (SML) [Entered: 12/08/2016 10:48 AM] |
| Filing 19 Filed clerk order: The answering brief [ # 17 ] submitted by William Muniz 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: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 18 ] submitted by William Muniz. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10220736] (SML) [Entered: 12/05/2016 03:13 PM] |
| Filing 18 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee William Muniz. Date of service: 12/05/2016. [10220373] [15-56272] (Bilderback, James) [Entered: 12/05/2016 01:23 PM] |
| Filing 17 Submitted (ECF) Answering Brief for review. Submitted by Appellee William Muniz. Date of service: 12/05/2016. [10220366] [15-56272] (Bilderback, James) [Entered: 12/05/2016 01:19 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion [ # 15 ] for an extension of time to file the answering brief is granted. The answering brief is due December14, 2016. The optional reply brief is due within 14 days after service of the answering brief. [10156939] (LBS) [Entered: 10/12/2016 02:18 PM] |
| Filing 15 Filed (ECF) Appellee William Muniz Unopposed Motion to extend time to file Answering brief until 12/14/2016. Date of service: 10/07/2016. [10153252] [15-56272] (Bilderback, James) [Entered: 10/07/2016 01:13 PM] |
| Filing 14 Received 7 paper copies of Opening Brief [ # 10 ] filed by Gray Maria. [10131406] (RG) [Entered: 09/21/2016 01:13 PM] |
| Filing 13 Filed 4 paper copies of excerpts of record [ # 11 ] in 2 volume(s) filed by Appellant Gray Maria. [10131133] (SML) [Entered: 09/21/2016 11:19 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by Gray Maria 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: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the excerpts of record [ # 11 ] submitted by Gray Maria. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10125244] (SML) [Entered: 09/15/2016 03:01 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant Gray Maria. Date of service: 09/15/2016. [10125068] [15-56272] (Yim, Mark) [Entered: 09/15/2016 02:18 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant Gray Maria. Date of service: 09/15/2016. [10125055] [15-56272] (Yim, Mark) [Entered: 09/15/2016 02:14 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: LBS): Appellants motion [ # 8 ] for an extension of time to file the opening brief is granted. The opening brief is due September 16, 2016; the answering brief is due October 17, 2016; and the optional reply brief is due within 14 days after service of the answering brief. [10117735] (LBS) [Entered: 09/09/2016 10:11 AM] |
| Filing 8 Filed (ECF) Appellant Gray Maria Motion to extend time to file Opening brief until 09/16/2016. Date of service: 09/07/2016. [10115635] [15-56272] (Yim, Mark) [Entered: 09/07/2016 04:35 PM] |
| Filing 7 Streamlined request [6] by Appellant Gray Maria to extend time to file the brief is approved. Amended briefing schedule: Appellant Gray Maria opening brief due 09/08/2016. Appellee William Muniz, Warden answering brief due 10/11/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [10074981] (GS) [Entered: 08/03/2016 05:26 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Gray Maria. New requested due date is 09/08/2016. [10074409] [15-56272] (Yim, Mark) [Entered: 08/03/2016 01:44 PM] |
| Filing 5 Appellee Randy Grounds substituted by Appellee William Muniz. [9968045] (RL) [Entered: 05/06/2016 04:14 PM] |
| Filing 4 Filed (ECF) Appellee Randy Grounds Correspondence: Change of Custodian. Date of service: 05/06/2016 [9967745] [15-56272] (Bilderback, James) [Entered: 05/06/2016 02:45 PM] |
| Filing 3 Filed order (WILLIAM A. FLETCHER and RICHARD A. PAEZ) The request for a certificate of appealability is granted with respect to the following issues: (1) whether pretrial or trial counsel provided ineffective assistance in (a) failing to present evidence of appellants alleged mental incapacity during the guilt phase of the trial to negate the mens rea for first degree murder, (b) mishandling pretrial and competency hearings and failing to adequately investigate, (c) failing to adequately prepare for the trials sanity phase or to raise stronger arguments, (d) failing to provide a detailed opening statement, or (e) failing to provide records from all of appellants psychiatric hospitalizations to the experts in the sanity phase; (2) whether there was insufficient evidence to support the jurys finding that appellant was legally sane at the time of the offenses, including whether this claim is cognizable on federal habeas review; and (3) whether there was cumulative error. See 28 U.S.C. 2253(c)(3); see also 9th Cir. R. 22-1(e). The opening brief is due August 9, 2016; the answering brief is due September 8, 2016; the optional reply brief is due within 14 days after service of the answering brief. The Clerk shall serve on appellant a copy of the After Opening a Case - Counseled Cases document. If Randy Grounds is no longer the appropriate appellee in this case, counsel for appellee shall notify this court by letter of the appropriate substitute party within 21 days of the filing date of this order. See Fed. R. App. P. 43(c). [9951962] (MS) [Entered: 04/25/2016 02:49 PM] |
| Filing 2 Filed (ECF) Appellant Gray Maria Motion for certificate of appealability. Date of service: 09/01/2015. [9668660] [15-56272] (Yim, Mark) [Entered: 09/01/2015 04:38 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 07/30/2015. Record on appeal included: No. [9653897] (BG) [Entered: 08/20/2015 11:01 AM] |
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