Legal Opinion

Malone v. Calderon

Court of Appeals for the Ninth Circuit

Decided January 6, 1999No. Nos. 98-99035, 98-99036PublishedCited by 36 opinions

1Opinion of the Court

BEEZER, Circuit Judge.

Kelvin Shelby Malone is under sentence of death in California and Missouri. At present, Malone is in custody in Missouri. He is scheduled to be executed by the state of Missouri on January 13, 1999. We now consider Malone’s motion for consolidation and emergency motion to stay the execution. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) because we are reviewing the *1236denial of injunctive relief. See Carson v. American Brands, 450 U.S. 79, 84, 101 S.Ct. 993, 67 L.Ed.2d 59 (1981); Calderon v. United States District Court, 137 F.3d 1420, 1422 (9th Cir.1998). We deny…

2Cases cited9 opinions

  1. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  2. Mitchum v. FosterSupreme Court of the United States · 1972
  3. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  4. Johnson v. MississippiSupreme Court of the United States · 1988
  5. Schlanger v. SeamansSupreme Court of the United States · 1971

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3Cited by36 opinions

  1. Lee v. WetzelCourt of Appeals for the Fifth Circuit · 2001
  2. Padilla v. RumsfeldCourt of Appeals for the Second Circuit · 2003
  3. Luis L. Armentero v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
  4. Padilla Ex Rel. Newman v. BushDistrict Court, S.D. New York · 2002
  5. Saleh v. Titan Corp.District Court, S.D. California · 2004

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