842 F2d 217 Neuschafer v. Whitley

842 F.2d 217

Jimmy NEUSCHAFER, Petitioner/Appellant,
v.
Harol WHITLEY, et al., Respondents/Appellees.

No. 88-1688.

United States Court of Appeals,
Ninth Circuit.

Order Feb. 29, 1988.
Dissent March 7, 1988.
Order March 28, 1988.

Before ALARCON and HALL, Circuit Judges.

ORDER

1

The order filed February 29, 1988 has been ordered for publication along with Judge Chambers dissent filed on March 7, 1988.

ORDER

2

A stay of execution is ordered pending final disposition of this appeal.

3

The parties are directed to file simultaneous briefs within 28 days; within 14 days thereafter the parties may file simultaneous responses.

4

Circuit Judge CHAMBERS dissents from this order and will file a separate expression of his views.

CHAMBERS, Circuit Judge, dissenting:

5

My dissent on our Court's order for briefs is that I think we had such splendid oral presentations on February 29 that I think we have enough in the record to decide the issues before us without the briefing that was ordered.