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WARDEN v. THOMPSON

No. 04-514.

545 U.S. 794 (2005)

125 S.Ct. 2825

162 L.Ed.2d 693

BELL, WARDEN v. THOMPSON

Supreme Court of United States.

Decided June 27, 2005.

Attorney(s) appearing for the Case

Jennifer L. Smith, Associate Deputy Attorney General of Tennessee, argued the cause for petitioner. With her on the briefs were Paul G. Summers, Attorney General, Michael E. Moore, Solicitor General, Gordon W. Smith, Associate Solicitor General, and Angele M. Gregory, Assistant Attorney General.

Matthew M. Shors argued the cause pro hac vice for respondent. With him on the brief were Walter Dellinger, Charles E. Borden, and Daniel T. Kobil.*

JUSTICE 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 mandate after the denial of certiorari in some cases, the Court of Appeals' decision to do so here was an abuse of discretion.

I

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