IN RE: Kermit ALEXANDER; Bradley Winchell (2021)

United States Court of Appeals, Ninth Circuit.2021-09-16No. No. 19-70232

Summary · law.co

Holding. The court granted the defendants' motion to dismiss the petition, and the petition is dismissed.

Family members of execution victims filed a petition seeking a writ of mandate or prohibition that would require the lower court to vacate all execution stays, refrain from issuing future stays or injunctions related to executions, and impose 90-day expiration dates on any stay orders. After the petition was filed, the Governor issued an executive order establishing a moratorium on executions, repealing lethal-injection procedures, and shutting down execution facilities. In response, all parties involved stipulated to dismiss the case in the lower court. The defendants then moved to dismiss the petition in this court, which the petitioners did not oppose.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether family members of victims have standing to seek a writ of mandate regarding execution stays
Whether the case became moot following the Governor's executive order imposing an execution moratorium

Procedural posture

The petitioners appealed to this court seeking a writ of mandate or prohibition, but after the Governor issued an executive order and all parties stipulated to dismiss in the lower court, the defendants moved to dismiss the appeal.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

ORDER

Petitioners, who are family members of the victims of plaintiffs Michael Morales and Tiequon Cox, ask this court for a writ of mandate or prohibition. Petitioners sought an order requiring the district court to (1) vacate all stays of execution; (2) conditionally refrain from issuing further stays or injunctions of executions or preparations; and (3) include in any future stay order an expiration period of 90 days. After Petitioners filed their petition in this court, Governor Gavin Newsom issued an Executive Order imposing a moratorium on all executions, repealing Californias lethal-injection regulations, and closing the death chambers. In light of the Executive Order, all Plaintiffs and all Defendants filed a stipulated dismissal in the district court. Thereafter, Defendants filed a motion to dismiss Petitioners mandamus petition.

(Dkt. No. 41). Petitioners do not oppose this motion.

We therefore GRANT the motion to DISMISS this petition. Each party shall bear its own costs and fees. The petition is DISMISSED.

FOOTNOTES

. Before filing their motion to dismiss, Defendants filed a request for judicial notice regarding their answer to Petitioners writ of mandamus. (Dkt. No. 17). Because we dismiss Petitioners’ appeal as moot, we need not rule on the request for judicial notice.