Bell v. Thompson

545 U.S. ___ (2005)

RICKY BELL, WARDEN, PETITIONER

v.

GREGORY THOMPSON

No. 04-514.

Supreme Court of United States.

Argued April 26, 2005.

Decided June 27, 2005.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

KENNEDY, delivered the opinion of the Court.

This case requires us to consider whether, after we had denied certiorari and a petition for rehearing, the Court of Appeals had the power to withhold its mandate for more than five months without entering a formal order. We hold that, even assuming a court may withhold its man- date after the denial of certiorari in…