Smothers v. Bonta, et al.
| SHERILL LYNN SMOTHERS |
| ROB BONTA and CONTRA COSTA COUNTY SUPERIOR COURT |
| 25-2161 |
| April 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 16, 2025. A more recent docket listing may be available from PACER.
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Filing 6
ORDER FILED. Barry G. SILVERMAN, Johnnie B. RAWLINSON The request for a certificate of appealability (Docket Entry No. 5) is granted with respect to the following issue: whether appellant has raised a colorable Double Jeopardy claim in the context of Younger v. Harris, 401 U.S. 37 (1971), based on the argument that issue preclusion precludes the prosecution in appellants retrial from relitigating the allegation that appellant was the actual killer. See 28 U.S.C. 2253(c)(3); see also 9th Cir. R. 22-1(e); Wilson v. Belleque, 554 F.3d 816, 825-26 (9th Cir. 2009). The opening brief is due December 9, 2025. The answering brief is due January 8, 2026. The optional reply brief is due 21 days after the answering brief is served. The clerk will serve on appellant the After Opening a Case Counseled Cases document. If Rob Bonta is no longer the appropriate appellee in this case, counsel for appellee must notify the court by letter, within 21 days, of the correct substitute party. See Fed. R. App. P. 43(c). [Entered: 09/16/2025 04:37 PM]
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| Filing 5 MOTION for Certificate of Appealability filed by Appellant Sherill Lynn Smothers. [Entered: 04/29/2025 07:02 PM] |
| Filing 4 MOTION to Accept Oversized Document Other than a Brief filed by Appellant Sherill Lynn Smothers. [Entered: 04/29/2025 06:58 PM] |
| Filing 3 Amended Notice of Appeal Received. (COS only, amended NOA pdf is damaged at DE 13 in DC)--[Court Update: Attached flattend PDF of NOA] [Entered: 04/06/2025 04:13 PM] [Edited: 04/10/2025 01:58 PM] |
| Filing 2 COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 03/28/2025. [Entered: 04/03/2025 02:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-04784-RFL has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-2161 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/03/2025 01:58 PM] |
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