Case details

Court: ca9
Docket #: 10-99013
Case Name: Ronald Deere v. Vince Cullen
PACER case #: 10-99013
Date filed: 06/24/2010
Date terminated: 06/03/2013
Nature of Suit: 3535 Habeas Corpus: Death Penalty

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
04/27/2012 28 0 Filed clerk order (Deputy Clerk: HH): Oral argument will be held on Monday, September 17, 2012, at 2:00 p.m., in Courtroom Three of the James R. Browning United States Courthouse, 95 Seventh Street, San Francisco, California. Each side will be allotted thirty (30) minutes to present its arguments. [8156974] (HH)
08/24/2012 29 0 Notice of Oral Argument on Monday, September 17, 2012 - 2:00 PM - Courtroom 3, 3rd Floor - James R. Browning US Courthouse - San Francisco, California. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8299278] (RB)
08/28/2012 30 0 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Lise S. Jacobson for Appellant Vince Cullen. [8302228]--[COURT UPDATE: Replaced PDF with correct document. Resent notice. 08/29/2012 by ASW] (LSJ)
08/29/2012 31 0 Received Appellee Ronald Lee Deere notice regarding acknowledgement of hearing notice. [8304797] (EL)
09/12/2012 33 0 Filed (ECF) Appellant Vince Cullen citation of supplemental authorities. Date of service: 09/12/2012. [8321109] (LSJ)
09/14/2012 34 0 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON): In the present appeal, the Warden challenges the district court’s order granting the writ of habeas corpus because of ineffective assistance of counsel. We anticipate that counsel will be prepared to discuss the correctness of that ruling, particularly the question of whether Deere was prejudiced by defense counsel’s failure to request a competency hearing. We express no opinion at this time on the merits of the Warden’s appeal. However, assuming solely for the sake of discussion, that we were to disagree with Judge Snyder’s order granting the writ, the court would then need to address the other grounds that Deere contends justify the writ, issues that were not yet reached in the last appeal. We request in particular that counsel be prepared to discuss Deere’s claim that his attorney rendered ineffective assistance of counsel in failing to challenge the competence of the judge when he re-sentenced Deere to death in 1986. Counsel are, of course, welcome to discuss any other issue that has been briefed. (Phoned & served counsels at 12:00PM) [8324008] (AF)
06/03/2013 36 0 FILED OPINION (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Judge: BGS Authoring, Judge: WAF Dissenting,. FILED AND ENTERED JUDGMENT. [8651357] (RP)
06/10/2013 37 0 Filed (ECF) Appellee Ronald Lee Deere Unopposed Motion to extend time to file petition for rehearing until 07/17/2013 at 06:00 pm. Date of service: 06/10/2013. [8661327] (MS)
06/11/2013 38 0 Filed order (BARRY G. SILVERMAN): Petitioner’s unopposed motion to extend the time to file a petition for rehearing and rehearing en banc to July 17, 2013 is GRANTED. [8662943] (AF)
07/01/2013 39 0 Filed (ECF) Appellee Ronald Lee Deere Unopposed Motion to extend time to file petition for rehearing until 08/01/2013 at 06:00 pm. Date of service: 07/01/2013. [8688179] (MS)
07/02/2013 40 0 Filed order (BARRY G. SILVERMAN): Petitioner’s unopposed motion to extend the time to file a petition for rehearing and rehearing en banc to August 1, 2013 is GRANTED. [8689479] (AF)
08/01/2013 41 0 Filed (ECF) Appellee Ronald Lee Deere petition for panel rehearing and petition for rehearing en banc (from 06/03/2013 opinion). Date of service: 08/01/2013. [8726789]--[COURT UPDATE: Removed motion to file oversized petition (refiled separately using correct ECF event; see entry [42]). Resent NDA. 08/02/2013 by RY] (MS)
08/01/2013 42 0 COURT ENTERED FILING. Filed (ECF) Appellee Ronald Lee Deere Motion to file oversized petition for rehearing and/or petition for rehearing en banc of 60 pages. Date of service: 08/01/2013. [8727922] (RY)
08/05/2013 43 0 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON): Petitioner-Appellee’s unopposed motion for leave to file a petition for rehearing and rehearing en banc in excess of the page and word limitations is GRANTED. The Clerk of Court shall file Petitioner-Appellee’s overlength petition for rehearing and petition for rehearing en banc. [8730857] (AF)
08/05/2013 44 0 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON): Respondent-Appellant is directed to file a response to the Petition for Rehearing En Banc, filed with this court on August 5, 2013. The response shall not exceed 52 pages or 14,324 words and shall be filed within 21 days of the date of this order. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. [8731397] (AF)