McKenzie v. Day

Ninth Circuit Court of Appeals

Decided June 8, 1995.

Ninth Circuit Court of Appeals · decided 1995-06-08

2 counsel of record

Relies on Glynn v. Roy Al Boat Management Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-08

How this case has been cited

Cited by 39 later decisions (2 by the Supreme Court) — most recently November 2017 · most notably Exxon Shipping Co. v. Baker (2008), Exxon Shipping Co. v. Baker (2008)

6 district · 9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA, for petitioner-appellant.

¶2Pamela P. Collins, Asst. Atty. Gen., Helena, MT, for respondent-appellee.

¶3Before: WALLACE, Chief Judge, BROWNING, WIGGINS, BRUNETTI, KOZINSKI, THOMPSON, O’SCANNLAIN, TROTT, RYMER, KLEINFELD, and HAWKINS, Circuit Judges.

¶4ORDER

¶5The motion filed May 23, 1995, to dismiss this appeal and vacate prior orders is granted in part. The appellant Duncan Peder McKenzie, Jr. was executed May 10, 1995. By reason of his execution, his appeal from the denial of his petition for a writ of habeas corpus has become moot. Accordingly, the motion to dismiss the appeal as moot is granted.

¶6The motion to vacate the prior orders of this court is denied.

¶7APPEAL DISMISSED.