Breaking News

Burt v. Titlow

Docket No. Op. Below Argument Opinion Vote Author Term
12-414 6th Cir. Oct 8, 2013 Nov 5, 2013 9-0 Alito OT 2013

Holding: The Sixth Circuit failed to apply the "doubly deferential" standard of review recognized by the Court's case law when it refused to credit the state court's reasonable factual finding and assumed that counsel was ineffective where the record was silent.

Judgment: Reversed, 9-0, in an opinion by Justice Alito on November 5, 2013. Justice Sotomayor filed a concurring opinion. Justice Ginsburg filed an opinion concurring in the judgment.

DateProceedings and Orders (key to color coding)
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 and located on PACER.
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.
Jun 10 2013Joint appendix filed. (Statement of costs filed)
Jun 10 2013Brief of petitioner Sherry L. Burt, Warden filed.
Jun 17 2013Brief amicus curiae of United States filed.
Jun 17 2013Brief amici curiae of Connecticut and 34 Other States filed.
Jul 8 2013The time to file respondent's brief on the merits is further extended to and including July 17, 2013.
Jul 8 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 17 2013Brief of respondent Vonlee Nicole Titlow filed.
Jul 17 2013Consent to the filing of amicus curiae briefs from either party or neither party received from counsel for the respondent.
Jul 22 2013CIRCULATED.
Jul 23 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 23 2013SET FOR ARGUMENT on Tuesday, October 8, 2013.
Jul 24 2013Brief amicus curiae of Constitution Project filed. (Distributed)
Jul 24 2013Brief amicus curiae of The Ethics Bureau at Yale filed. (Distributed)
Jul 24 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Jul 24 2013Brief amicus curiae of Center on the Administration of Criminal Law, New York University School of Law filed. (Distributed)
Jul 26 2013Proposal of counsel for petitioner to lodge copies of the official transcripts and opinion from Vonlee Titlow v. Frederick Toca, et al. (Oakland County Circuit Court No. 3-054451-CZ).
Aug 2 2013Record from U.S.C.A. for 6th Circuit is electronic
Aug 13 2013Opposition of respondent to petitioner's lodging proposal.
Aug 16 2013Reply of petitioner Sherry L. Burt, Warden filed. (Distributed)
Aug 30 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 8 2013Argued. For petitioner: John J. Bursch, Solicitor General, Lansing, Mich.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Valerie R. Newman, Assistant Defender, Detroit, Mich.
Oct 11 2013Electronic record received from Court of Appeals of Michigan.
Nov 5 2013Judgment REVERSED Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in the judgment.
Dec 9 2013JUDGMENT ISSUED.