Charles Edward Moore, Jr., Petitioner-Appellee/cross-Appellant v. Arthur Calderon, Warden, Respondent-Appellant/cross-Appellee

Respondent-Appellant’s motion for stay pending appeal is DENIED. 1

This case is expedited, and a briefing schedule will be issued shortly.

Judge O’SCANNLAIN would grant the motion for stay.

I respectfully disagree that we should order the release pending appeal of a double murderer who was sentenced to death by a jury of his peers and whose conviction was affirmed in a lengthy decision by the California Supreme Court.

I have no doubt that Moore’s habeas corpus petition raises substantial constitutional questions, as identified in the district court’s opinion. Nor can I condone the state’s failure…