LENHARD ET AL., CLARK COUNTY DEPUTY PUBLIC DEFENDERS, INDIVIDUALLY AND AS NEXT FRIENDS OF BISHOP
v.
WOLFF, WARDEN, NEVADA STATE PRISON SYSTEM, ET AL.
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Jesse Bishop's next friends sought a stay of his execution and rehearing of the Supreme Court's previous denial of a stay pending certiorari review. Justice Rehnquist, acting as Circuit Justice, denied both the petition for rehearing and the application for stay of execution, finding that the moving papers would not persuade the requisite number of Justices to grant certiorari or a stay.
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Mr. Justice Rehnquist,
Circuit Justice.
On October 1, 1979, this Court denied the application of Kirk Lenhard and George Franzen, acting as next friends of Jesse Bishop, for a stay of execution pending the filing and determination of a petition for certiorari, Lenhard v. Wolff, ante, p. 807. Respondents have subsequently rescheduled Bishop’s execution for Monday, October 22, 1979. Lenhard and Franzen have now submitted to me, as Circuit Justice, a petition requesting rehearing of this Court’s order of October 1, and an application for stay of execution pending determination of the petition for rehearing.
Resolving in applicants’ favor all questions pertaining to procedures and rules of the Court, I am satisfied that the moving papers would not persuade the requisite number of Justices to grant applicants’ proposed petition for certiorari, to grant the petition for rehearing of this Court’s previous denial of a stay pending the filing of a petition for certiorari, or to grant a stay pending Conference consideration of the petition for rehearing. See this Court’s Rule 58. As a consequence, whether the submission presented to me as Circuit Justice on October 16, 1979, is treated as a request for a rehearing of our previous denial of a stay of execution, or as a new request for a stay of execution, it is in all respects
Denied.
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Harvey and Rebecca Rumbaugh v. Procunier, 753 F.2d 395 (5th Cir. 1985)…ees v. Peyton, 386 U.S. 989, 87 S.Ct. 1310, 18 L.Ed.2d 333 (1967). The case continues to date in a pending status before the Court, carried on the Supreme Court’s Special Docket as item S-2. No further action has been reported. . Lenhard v. Wolff, 444 U.S. 1301, 100 S.Ct. 241, 62 L.Ed.2d 11 (1979) (failure to prove mental illness), vacating stay of execution, 444 U.S. 921, 100 S.Ct. 241, 62 L.Ed.2d 177 (1979); Evans v. Bennett, 440 U.S. 1301, 99 S.Ct. 1481, 59 L.Ed.2d 756 (1979) (failure to prove mental il…
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