9th Circuit declines Arizona's request to vacate Dickens decision
Posted on: 3/14/2014 04:24:11 PM by Peoples

On March 11, 2014, the Ninth Circuit issued a published order in Dickens v. Ryan, 08-99017 denying Arizona's motion to stay issuance of the mandate, vacate the decision that, inter alia, remanded the case to the district court for application of Martinez v. Ryan, and dismiss the habeas petition as moot.  (Gregory Dickens died several days after the Ninth Circuit issued its decision in Dickens v. Ryan, 740 F.3d 1302 (9th Cir. 2014) (en banc)).  In concluding that it should exercise its discretion to allow the decision to stand, the court observed: "The precedent set by the en banc panel in this case will undoubtedly affect cases now pending before this court. We see no reason to undo this precedent and force future panels to duplicate our efforts by re-deciding issues we have already resolved within the contours of article III."