An Update on Mandamusing Them If They Won’t Throw Off the Chains.

September 11, 2017
By Hanging Out with Carl Gunn

 

This post is just a short update on enforcement of the Ninth Circuit’s opinion strictly limiting shackling in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (en banc).  You may recall a post a couple of months ago on a petition for writ of mandamus our Federal Public Defender friends in Arizona filed to stop their district court’s efforts to avoid complying with Sanchez-Gomez.  The Arizona office filed a petition for writ of mandamus and emergency motion for an injunction requiring compliance while the petition for writ of mandamus was pending, and the Ninth Circuit ordered a response to the petition and granted injunctive relief in the interim, ordering that the Arizona District Court start complying with Sanchez-Gomez immediately.  (See “Mandamus Them If They Won’t Throw Off the Chains!” in the July 2017 link at the right.)

Well, it may not be a big surprise in light of the grant of injunctive relief while the petition for writ of mandamus was pending, but the petition was granted a month later.  (While I was on vacation, or I would have posted about it sooner.)  A copy of the order is attached here, and it makes clear that courts can’t delay compliance just because the mandate has been stayed.  So you now have three opinions and/or orders to throw at your judges – the original Sanchez-Gomez en banc opinion, the order granting injunctive relief while the petition for writ of mandamus was pending, and the order granting the petition for writ of mandamus.  They really do have to throw off those chains.