Clarence Dixon v. David Shinn
| CLARENCE WAYNE DIXON |
| DAVID SHINN, Director, Arizona Department of Corrections |
| 22-99006 |
| May 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus: Death Penalty |
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| Filing 22 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/ [12446753] (AH) [Entered: 05/13/2022 03:08 PM] |
| Filing 21 Supreme Court Case Info Case number: 21-7829 Filed on: 05/11/2022 Cert Petition Action 1: Denied, 05/11/2022 [12445270] (RL) [Entered: 05/12/2022 11:25 AM] |
| Filing 20 Supreme Court Case Info Case number: 21-7829 Filed on: 05/11/2022 Cert Petition Action 1: Pending [12445208] (RL) [Entered: 05/12/2022 10:59 AM] |
| Filing 19 MANDATE ISSUED.(JSB, DAB and DJF) [12443540] (SVG) [Entered: 05/10/2022 06:28 PM] |
| Filing 18 Filed order (MARY H. MURGUIA) On May 10, 2022, Dixon filed a petition for panel rehearing and for rehearing en banc. The panel has voted to deny the petition for panel rehearing. The full court has been advised of the petition for rehearing en banc. Pursuant to the rules applicable to capital cases in which an execution date has been scheduled, a deadline was set by which any judge could request a vote on whether the panels May 10, 2022, opinion should be reheard en banc. No judge requested a vote within the time period. Accordingly, the petition for rehearing en banc is denied. En banc proceedings with respect to the panels opinion are concluded. The mandate shall issue forthwith. [12443538] (SVG) [Entered: 05/10/2022 06:26 PM] |
| Filing 17 Filed (ECF) Appellant Clarence Wayne Dixon petition for panel rehearing and petition for rehearing en banc (from 05/10/2022 opinion). Date of service: 05/10/2022. [12443522] [22-99006] (Zuckerman, Eric) [Entered: 05/10/2022 05:28 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: MCD): Any petition for panel rehearing or rehearing en banc from the Courts May 10, 2022, opinion is due on Tuesday, May 10, 2022, at 5:30 p.m. Pacific Time. [12443469] (AF) [Entered: 05/10/2022 04:41 PM] |
| Filing 15 FILED OPINION (JAY S. BYBEE, DANIEL A. BRESS and DANIELLE J. FORREST) We grant Dixons motion to transmit a physical exhibit. Dkt. No. [ # 13 ]. For the foregoing reasons, the judgment of the district court is affirmed, and Dixons motion for a stay of execution, Dkt. No. [ # 9 ], is denied. AFFIRMED; Motion for Stay of Execution DENIED. Judge: DAB Authoring. FILED AND ENTERED JUDGMENT. [12443460] (MM) [Entered: 05/10/2022 04:38 PM] |
| Filing 14 ARGUED AND SUBMITTED TO JAY S. BYBEE, DANIEL A. BRESS and DANIELLE J. FORREST. [12443144] (BY) [Entered: 05/10/2022 02:42 PM] |
| Filing 13 Filed (ECF) Appellant Clarence Wayne Dixon Motion to transmit exhibit. Date of service: 05/10/2022. [12442895] [22-99006] (Bass, Amanda) [Entered: 05/10/2022 12:49 PM] |
| Filing 12 Filed (ECF) Appellant Clarence Wayne Dixon Correspondence: Notice of filing the state court record. Date of service: 05/10/2022. [12442892] [22-99006]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 05/10/2022 by SLM] (Bass, Amanda) [Entered: 05/10/2022 12:47 PM] |
| Filing 11 Filed clerk order: The answering brief [ # 5 ] submitted by David Shinn is filed. No paper copies are required. [12442875] (SML) [Entered: 05/10/2022 12:35 PM] |
| Filing 10 Filed clerk order: The opening brief [ # 7 ] and excerpts of record [ # 8 ] submitted by Clarence Wayne Dixon are filed. No paper copies are required. [12442866] (SML) [Entered: 05/10/2022 12:25 PM] |
| Filing 9 Filed (ECF) Appellant Clarence Wayne Dixon Motion for miscellaneous relief [Motion for Stay of Execution]. Date of service: 05/10/2022. [12442862] [22-99006] (Bass, Amanda) [Entered: 05/10/2022 12:23 PM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellant Clarence Wayne Dixon. Date of service: 05/10/2022. [12442836] [22-99006] (Bass, Amanda) [Entered: 05/10/2022 12:11 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellant Clarence Wayne Dixon. Date of service: 05/10/2022. [12442825] [22-99006]--[COURT UPDATE: Attached corrected brief. 05/10/2022 by SML] (Bass, Amanda) [Entered: 05/10/2022 12:02 PM] |
| Filing 6 Filed (ECF) Acknowledgment of hearing notice by Attorney Jeffrey L. Sparks for Appellee David Shinn. Hearing in Other (Zoom) on 05/10/2022 at 2:00 P.M. (Courtroom: N/A). Filer sharing argument time: No. Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/10/2022. [12442810] [22-99006] (Sparks, Jeffrey) [Entered: 05/10/2022 11:55 AM] |
| Filing 5 Submitted (ECF) Answering Brief for review. Submitted by Appellee David Shinn. Date of service: 05/10/2022. [12442796] [22-99006]--[COURT UPDATE: Attached corrected brief. 05/10/2022 by SML] (Nielsen, Jim) [Entered: 05/10/2022 11:48 AM] |
| Filing 4 Filed (ECF) Acknowledgment of hearing notice by Attorney Eric Zuckerman for Appellant Clarence Wayne Dixon. Hearing in San Francisco on 05/10/2022 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 30) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/10/2022. [12442739] [22-99006] (Zuckerman, Eric) [Entered: 05/10/2022 11:25 AM] |
| Filing 3 Notice of Oral Argument on Tuesday, May 10, 2022 - 2:00 P.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, May 10, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12442702]. [22-99006] (KS) [Entered: 05/10/2022 11:08 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): This Court sua sponte grants a certificate of appealability (COA). See 28 U.S.C. 2253(c)(1) (a circuit justice or judge may issue a COA); see Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (a COA should issue when reasonable jurists could debate whether the petition should have been resolved in a different manner or when the issue presented is adequate to deserve encouragement to proceed further). The expedited briefing schedule for this appeal is set as follows. The parties are directed to file simultaneous briefs, not to exceed 25 pages, on or before noon Pacific Time on Tuesday, May 10, 2022. The original panel of Judges S.R. Thomas, Graber, and Ikuta are unavailable to consider this matter. Accordingly, the Court has randomly drawn Judges Bybee, Bress, and Forrest. This panel will hear oral argument at 2:00 p.m. Pacific Time on Tuesday, May 10, 2022. The Clerk of Court will contact the parties and make appropriate arrangements for a Zoom hearing. [12442637] (WL) [Entered: 05/10/2022 10:33 AM] |
| Filing 1 Open 9th Cir. docket: needs certificate of appealability. Date COA denied in DC: 05/10/2022. Record on appeal included: Yes. [12442427] (HH) [Entered: 05/10/2022 08:56 AM] |
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