Editor's Note :

On Tuesday, May 28, at 9:30 a.m. we expect orders from the May 23 Conference. We expect opinions in argued cases at 10 a.m. We will begin live blogging shortly before 9:30.

Burt v. Titlow

Docket No. Op. Below Argument Opinion Vote Author Term
12-414 6th Cir. TBD TBD TBD TBD OT 2013
 

Issue: (1) Whether the Sixth Circuit failed to give appropriate deference to a Michigan state court under Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in holding that defense counsel was constitutionally ineffective for allowing respondent to maintain his claim of innocence; (2) whether a convicted defendant’s subjective testimony that he would have accepted a plea but for ineffective assistance, is, standing alone, sufficient to demonstrate a reasonable probability that defendant would have accepted the plea; and (3) whether Lafler v. Cooper always requires a state trial court to resentence a defendant who shows a reasonable probability that he would have accepted a plea offer but for ineffective assistance, and to do so in such a way as to “remedy” the violation of the defendant’s constitutional right.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 15 2012Application (12A166) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan.
Aug 22 2012Response to application (12A166) requested by Justice Kagan, due Thursday, August 30, 2012, by 4 p.m. EDT.
Aug 29 2012Response to application from respondent Vonlee Nicole Titlow filed.
Sep 7 2012Application (12A166) denied by Justice Kagan.
Oct 2 2012Petition for a writ of certiorari filed. (Response due November 5, 2012)
Oct 23 2012Brief of respondent Vonlee Nicole Titlow in opposition filed.
Oct 23 2012Motion for leave to proceed in forma pauperis filed by respondent Vonlee Nicole Titlow.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 5 2012Brief amici curiae of Connecticut and 18 Other States filed. (Distributed)
Nov 9 2012Reply of petitioner Sherry L. Burt, Warden filed. (Distributed)
Nov 16 2012Record Requested .
Nov 21 2012Record received from the U.S. Court of Appeals for the Sixth Circuit (Electronic).
Nov 23 2012Record received from the U.S. District Court for the Eastern District of Michigan (CD format).
Nov 28 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013DISTRIBUTED for Conference of January 18, 2013.
Feb 4 2013DISTRIBUTED for Conference of February 15, 2013.
Feb 19 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Feb 25 2013Petition GRANTED.
Mar 11 2013Motion to appoint counsel filed by respondent Vonlee Nicole Titlow.
Apr 4 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2013.
Apr 10 2013Motion DISTRIBUTED for Conference of April 26, 2013.
Apr 29 2013Motion to appoint counsel filed by respondent GRANTED. Valerie Newman, of Detroit, Michigan, is appointed to serve as counsel for the respondent in this case.