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122 So. 3d 1005

State v. Sepulvado

Supreme Court of Louisiana

Decided September 25, 2013

Supreme Court of Louisiana · decided 2013-09-25

Relies on United States v. Rivera · Bridge Cat Scan Associates v. Technicare Corporation

Decided 2013-09-25

¶1ORDER

¶211 Writ granted. Jurisdiction rests with the federal appellate court until a mandate has issued. U.S. v. Rivera, 844 F.2d 916 (2nd Cir.1988). A federal district court order, though vacated on appeal, remains in effect until the issuance of an appellate court mandate. Bridge C.A.T. Scan Associates v. Technicare Corp., 710 F.2d 940, 947 (2nd Cir.1983). Here, the trial court erred in issuing a warrant of execution before the United States Fifth Circuit Court of Appeals had issued a mandate. The Motion to Vacate Warrant of Execution filed by Defendant on September 6, 2013 is granted.

¶3FOR THE COURT:

/s/ Jefferson D. Hughes III Justice, Supreme Court of Louisiana
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