- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Habeas Corpus
- Date Filed: 11-17-2011
- Case #: 11-80283
- Judge(s)/Court Below: Per Curiam: Circuit Judges Gould, Bybee and Bea
- Full Text Opinion
Paul Ezra Rhodes filed a motion to stay his impending execution based on Martinez v. Ryan, a case that is pending before the Supreme Court. The Ninth Circuit declined to grant the motion. The Court stated there were substantial procedural differences between the Martinez and Rhodes cases that even if the Supreme Court applied a brand new rule in Martinez, the facts would not be similar enough to alter Rhodes's case. The Court also noted that Rhodes waited until 48 hours before his execution to file the motion and did not provide any legitimate reason for waiting that long. Motion for stay of execution is DENIED.