Jimmy Neuschafer v. Harol Whitley

ORDER

The order filed February 29, 1988 has been ordered for publication along with Judge Chambers dissent filed on March 7, 1988.

ORDER

A stay of execution is ordered pending final disposition of this appeal.

The parties are directed to file simultaneous briefs within 28 days; within 14 days thereafter the parties may file simultaneous responses.

Circuit Judge CHAMBERS dissents from this order and will file a separate expression of his views.

dissenting:

My dissent on our Court’s order for briefs is that I think we had such splendid oral presentations on February 29 that I think we have enough in the record to decide the issues before us without the briefing that was ordered.

842 F.2d 217 Jimmy NEUSCHAFER, Petitioner/Appellant, v. Harol WHITLEY, et al., Respondents/Appellees. No. 88-1688. United States Court of Appeals, Ninth Circuit. Order Feb. 29, 1988. Dissent March 7, 1988. Order March 28, 1988. Before ALARCON and HALL, Circuit Judges. ORDER 1 The order filed February 29, 1988 has been ordered for publication along with Judge Chambers dissent filed on March 7, 1988. ORDER 2 A stay of execution is ordered pending final disposition of this appeal. 3 The parties are directed to file simultaneous briefs within 28 days; within 14 days thereafter the parties may file simultaneous responses. 4 Circuit Judge CHAMBERS dissents from this order and will file a separate expression of his views. CHAMBERS, Circuit Judge, dissenting: 5 My dissent on our Court's order for briefs is that I think we had such splendid oral presentations on February 29 that I think we have enough in the record to decide the issues before us without the briefing that was ordered.