Calderon v. Thompson

Thomas M. Thompson was convicted in California state court of the rape and murder of Ginger Fleisehli. More than 15 years after the crime, 13 years after Thompson’s conviction, and 7 years after Thompson filed his first petition for federal habeas relief, the United States Court of Appeals for the Ninth Circuit issued its mandate denying the writ of habeas corpus. Two days before Thompson’s scheduled execution, however, the Court of Appeals, sitting en bane, recalled the mandate and granted habeas relief to Thompson. The case presents two issues: First, whether the Court of Appeals’ order…