ARTHUR v. HALEY

No. 01-12210.

248 F.3d 1302 (2001)

Thomas D. ARTHUR, Petitioner-Appellee, v. Michael HALEY, Commissioner, Alabama Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 26, 2001.


Attorney(s) appearing for the Case

Michael V. Ciresi, Robins, Kaplan, Miller & Ciresi, LLP, of Minneapolis, MN, argued for plaintiff-appellant. With him on the brief were Thomas L. Hamlin, John N. Love, Jan M. Conlin, Tara D. Sutton, Katie Crosby Lehmann. Of counsel was David S. Toepfer.

Richard A. Bardin, Fulwider Patton Lee & Utecht, LLP, of Los Angeles, CA, argued for defendants-cross appellants. On the brief were John S. Nagy, John K. Fitzgerald, and James Juo. Of counsel on the brief were Aldo A. Badini, and Henry J. Ricardo, Dewey Ballentine LLP, of New York, NY.

Before BIRCH, BLACK and BARKETT, Circuit Judges.


PER CURIAM:

Respondent has filed a motion to vacate the stay of execution entered by the district court. The grounds on which the stay was granted include a threshold jurisdictional question under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), the resolution of which may require an evidentiary hearing. See Dist. Ct. Order at 15 ("[T]here may be ... claims that carry the potential to invoke equitable...

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