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violates the constitutional rights of Californians under the California Constitution to enforcement of the criminal law

violates the constitutional rights of Californians under the California Constitution to enforcement of the criminal law

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Published by mary eng
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Published by: mary eng on Jul 15, 2013
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07/18/2013

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No. 13A57
I
N
T
HE
SUPREME COURT OF THE UNITED STATES
G
OVERNOR
E
DMUND
G.
 
B
ROWN
 J
R
.,
 et al.
,
 Applicants-Appellants
,vs.M
 ARCIANO
P
LATA AND
R
 ALPH
C
OLEMAN
,
 et al.
,
 Appellees
.
MOTION TO FILE
 AMICI 
BRIEF,MOTION TO FILE UNDER RULE 33.2, AND BRIEF
 AMICI CURIAE
 OF FORMER GOVERNORS PETE WILSON, GEORGEDEUKMEJIAN, GRAY DAVIS, AND ARNOLD SCHWARZENEGGERIN SUPPORT OF THE APPLICATION FOR STAY 
ENT
S.
 
S
CHEIDEGGER
*C
RIMINAL
 J
USTICE
L
EGAL
F
OUNDATION
2131 L StreetSacramento, CA 95816(916) 446-0345briefs@cjlf.org 
 Attorney for Amici Curiae
*Counsel of Record
 
iI
N
T
HE
SUPREME COURT OF THE UNITED STATES
G
OVERNOR
E
DMUND
G.
 
B
ROWN
 J
R
.,
 et al.
,
 Applicants-Appellants
,vs.M
 ARCIANO
P
LATA AND
R
 ALPH
C
OLEMAN
,
 et al.
,
 Appellees
.
MOTION TO FILE
 AMICI 
BRIEF
 Amici curiae
, Pete Wilson, George Deukmejian, Gray Davis, and ArnoldSchwarzenegger, the four living Former Governors of California, respectfully move forleave to file the attached brief in support of Appellants’ application for stay. Appellant has consented to the filing of this brief. Appellee has not consented as of the time of filing. Under the circumstances, it was not possible to give the 10 days noticenormally required by Rule 37.2(b).
 Amicus
briefs in support of an application for stay are not expressly provided for inthis Court’s rules and are not commonly filed, but they have been allowed at times. In
 Leal Garcia
v.
Texas
, 564 U. S. ___ (No. 11-5001 (11A1), July 7, 2011), for example, theUnited States applied to file an
amicus
brief in support of the stay request while notsupporting the underlying certiorari petition. See
id
., slip op. at 2. The Court grantedthe motion to file. See
id
., slip op. at 4, n. *. As former governors, the
amici
, like Appellant Brown, have carried the burden of theconstitutional duty to “see that the law is faithfully executed.” See Cal. Const., Art. V,§1. Along with all citizens of California, they share the common interest in effective law
 
iienforcement for the protection of innocent people against felonious attack. See Cal.Const., Art. I, §28(a)(4).
 Amici
therefore have an interest in this case. July, 2013Respectfully submitted,
ENT
S.
 
S
CHEIDEGGER
 Attorney for Amici Curiae

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