Wilson
Wilson v. United States District Court for the Northern District of California
Opinion
Dissenting Opinion
Fernandez, J.
dissenting:
When the State seeks a writ of mandamus, as it has here, we must determine whether the factors, or guidelines, set forth in Bauman v. United States Dist. Court, 557 F.2d 650, 654-55 (9th Cir.1977) indicate that the writ should issue. Here, they surely do. The State has no other adequate means to obtain review if the writ of execution is to be carried out, and no appeal can correct that harm. While it cannot be said that the district court’s order manifests an oft-repeated error or raises especially new issues of law, the issue it raises is surely important — to what extent will federal courts begin parsing clemency decisions. Most importantly, the district court order is clearly erroneous as a matter of law because it bespeaks an expansion of court review to the point of micromanagement of the clemency process.
In point of fact, this 42 U.S.C. § 1983 case is little more than a grasp at a straw in an attempt to stop Siripongs’ execution. It seeks, in effect, to inject the federal courts into a review of Governor Wilson’s denial of clemency to a brutal murderer. Siripongs continues to insist that “despite the fact that his hands were cut, that clothing was found which…
Lead Opinion
Schroeder, J.
Opinion by Judge SCHROEDER; Dissent by Judge FERNANDEZ.
Before us is a petition for writ of mandamus to review the district court’s grant of a Temporary Restraining Order staying appellant Jaturun Siripongs’ execution scheduled for 12:01 a.m. tomorrow morning, November 17,1998. We deny the petition.
The facts of the underlying crime and earlier state and federal court proceedings are set forth in the published decisions of this court and the California Supreme Court. See Siripongs v. Calderon, 133 F.3d 732 (9th Cir.1998); Siripongs v. Calderon, 35 F.3d 1308 (9th Cir.1994); People v. Siripongs, 45 Cal.3d 548 , 247 Cal.Rptr. 729 , 754 P.2d 1306 (Cal.1988). Siripongs was convicted in 1983 of two brutal murders and sentenced to death. In his federal habeas petition, after exhaustion of state remedies, this court ordered an evidentiary hearing on his claim of ineffective assistance of counsel. Siripongs, 35 F.3d at 1323 . Following that hearing and findings by the district court, we affirmed the district court’s denial of habeas relief. Siripongs, 133 F.3d at 737 . The Supreme Court denied certiorari on October 5, 1998. See Siripongs v. Calderon, —— U.S. -, 119 S.Ct. 101 , 142…