Ryan v. Schad
133 S. Ct. 2548
SCOTUS2013Background
- Schad was convicted of first-degree murder and sentenced to death for the 1978 murder of 74-year-old Lorimer Grove.
- State habeas relief and federal habeas proceedings occurred over decades, culminating in multiple Ninth Circuit and Supreme Court actions.
- The Ninth Circuit declined to issue its mandate and sua sponte construed Schad’s stay request as a motion to reconsider, staying the mandate shortly before Schad’s execution.
- The district court denied relief and the Ninth Circuit affirmed in part, with remand for questions about postconviction counsel diligence and trial-counsel effectiveness.
- The Supreme Court remanded for Martinez v. Ryan considerations; Schad sought a stay of execution and federal relief, with the Ninth Circuit granting a stay and later denying mandamus-like relief.
- The Supreme Court held that the Ninth Circuit abused its discretion by withholding the mandate after denial of certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Ninth Circuit abused its discretion by withholding its mandate. | Schad | Ninth Circuit | Yes; abuse of discretion |
| Whether Rule 41(d)(2)(D) permits delays for extraordinary reasons after certiorari denial. | Schad | Ninth Circuit | No extraordinary reasons shown |
| Whether Martinez v. Ryan and Pinholster interaction justified delay or reconsideration. | Schad | Ninth Circuit | No; no extraordinary basis to withhold mandate |
| Whether the mandate should issue immediately and the stay be vacated. | Schad | Ninth Circuit | Yes; mandate issued immediately; stay vacated |
Key Cases Cited
- Bell v. Thompson, 545 U.S. 794 (2005) (abuse of discretion when stay of mandate delayed execution without extraordinary justification)
- Calderon v. Thompson, 523 U.S. 538 (1998) (finality and comity concerns; extraordinary circumstances limit mandate deviations)
- Brecht v. Abrahamson, 507 U.S. 619 (1993) (harms of erroneous capital conviction review; standard relevance explained)
- Beardslee v. Brown, 393 F.3d 899 (9th Cir. 2004) (preceded Bell; not controlling for later Bell reversal)
- Martinez v. Ryan, 566 U.S. 1 (2012) (claims based on ineffective assistance of postconviction counsel; interaction with Pinholster)
- Thompson v. Bell, 373 F.3d 688 (5th Cir. 2004) (discussion of mandate withholding context)