Legal Opinion
In Re Leon Moser
Court of Appeals for the Third Circuit
Decided August 15, 1995No. 95-9003PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The State 1 challenges the district court’s entry, in this next friend petition, of a stay of execution pending an independent psychiatric exam and evidentiary hearing to determine Mr. Moser’s mental competency.
The parties have not delineated the basis of our jurisdiction nor do they dispute it. It is nonetheless incumbent upon us to ensure a proper exercise of our appellate jurisdiction. Because the effect of the stay here is injunctive in nature, we exercise jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). See Brown v. Vasquez, 952 F.2d 1164, 1165 (9th Cir.1991), cert.…
3Cases cited4 opinions
- John G. Brown v. Daniel Vasquez, Warden, Daniel E. Lungren, Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1992
- In Re Zettlemoyer.Court of Appeals for the Third Circuit · 1995
- Wainwright, Secretary, Florida Department of Corrections v. FordSupreme Court of the United States · 1984
- Kemp, Superintendent, Georgia Diagnostic and Classification Center v. SmithSupreme Court of the United States · 1983
4Cited by7 opinions
- Jennie Franklin and Elaine Quigley, on Behalf of Wilford Lee Berry, Jr. v. Rodney L. Francis, WardenCourt of Appeals for the Sixth Circuit · 1998
- Commonwealth v. MorrisSupreme Court of Pennsylvania · 2001
- Franklin v. FrancisDistrict Court, S.D. Ohio · 1998
- In Re Leon Moser (Ii)Court of Appeals for the Third Circuit · 1995
- In Re Leon MoserCourt of Appeals for the Third Circuit · 1995
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