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Editor's Note :

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Christeson v. Roper

Docket No. Op. Below Argument Opinion Vote Author Term
14-6873 8th Cir. Not Argued Jan 20, 2015 n/a Per Curiam OT 2014

Disclosure: Tejinder Singh of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, serves as counsel on an amicus brief in support of the petitioner in this case.

Holding: When a death row inmate’s appointed attorneys had missed the filing deadline for his first federal habeas petition and could not be expected to argue that the inmate was entitled to equitable tolling of the statute of limitations, the district court erred in denying (and the court of appeals erred in affirming the denial of) a motion for the appointment of substitute, conflict-free counsel.

DateProceedings and Orders
Oct 27 2014Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2014)
Oct 27 2014Application (14A445) for a stay of execution of sentence of death, submitted to Justice Alito.
Oct 27 2014Brief of respondent Don Roper, Warden in opposition filed.
Oct 27 2014Brief amici curiae of Former Federal and State Judges filed. (Distributed)
Oct 27 2014Brief amici curiae of Ethics Bureau at Yale, et al. filed. (Distributed)
Oct 28 2014UPON CONSIDERATION of the application of counsel for the applicant and the response filed thereto, IT IS ORDERED that the parties are directed to file supplemental briefs by 2:00pm today, October, 28, 2014, regarding whether the record shows that petitioner has authorized Attorney Jennifer A. Merrigan, or Attorney John R. Mills, or Attorney Joseph J. Perkovich to move on his behalf for substitution of counsel appointed pursuant to 18 U. S. C. § 3599.
Oct 28 2014Reply of petitioner Mark A. Christeson filed.
Oct 28 2014Supplemental brief of respondent Don Roper, Warden filed.
Oct 28 2014Supplemental brief of applicant Mark A. Christeson filed.
Oct 28 2014Application (14A445) referred to the Court.
Oct 28 2014Application (14A445) granted by the Court. The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition (14-6873) for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Scalia, Justice Thomas, and Justice Alito would deny the application for stay of execution.
Nov 3 2014DISTRIBUTED for Conference of November 7, 2014.
Nov 10 2014DISTRIBUTED for Conference of November 14, 2014.
Nov 17 2014DISTRIBUTED for Conference of November 25, 2014.
Dec 1 2014DISTRIBUTED for Conference of December 5, 2014.
Dec 8 2014DISTRIBUTED for Conference of December 12, 2014.
Dec 29 2014DISTRIBUTED for Conference of January 9, 2015.
Jan 12 2015DISTRIBUTED for Conference of January 16, 2015.
Jan 20 2015Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED (Opinion per curiam). (Detached Opinion). Justice Alito, with whom Justice Thomas joins, dissenting. (Detached opinion).
Feb 23 2015JUDGMENT ISSUED.
 
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