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Elmore v. Holbrook

Petition for certiorari denied on October 17, 2016

Docket No. Argument Opinion Vote Author Term
15-7848 N/A N/A N/A N/A OT 2016

Issue: (1) Whether capital defense counsel may decide to present evidence of a single mitigating factor without having first conducted a thorough investigation of other potential mitigating factors and whether counsel's post-hoc concern about possible rebuttal evidence justifies the failure to investigate; and (2) whether, where a state court provides a reasoned decision denying relief, 18 U.S.C. Section 2254(d) permits a federal court to ignore the reasoning of the state court and substitute its own reasons for denying relief and whether the violent nature of the crime lessens the prejudice from unconstitutional shackling.

DateProceedings and Orders (key to color coding)
11/19/2015Application (15A550) to extend the time to file a petition for a writ of certiorari from December 2, 2015 to January 16, 2016, submitted to Justice Kennedy.
11/24/2015Application (15A550) granted by Justice Kennedy extending the time to file until January 19, 2016.
01/19/2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2016)
02/03/2016Supplemental brief of petitioner Clark Elmore filed.
02/26/2016Brief of respondent Donald R. Holbrook, Superintendent, Washington State Penitentiary in opposition filed.
03/08/2016Reply of petitioner Clark Elmore filed.
03/17/2016DISTRIBUTED for Conference of April 1, 2016.
03/24/2016Record Requested.
03/24/2016Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER.
03/25/2016Record received from the U.S.D.C. Western District of Washington. The record is electronic and available on PACER, except for one sealed document provided electronically.
03/31/2016Record received from Washington State Courts (3 boxes).
04/07/2016DISTRIBUTED for Conference of April 22, 2016.
04/13/2016Rescheduled.
04/25/2016DISTRIBUTED for Conference of April 29, 2016.
04/25/2016Rescheduled.
05/09/2016DISTRIBUTED for Conference of May 12, 2016.
05/09/2016Rescheduled.
05/11/2016DISTRIBUTED for Conference of May 26, 2016.
05/31/2016DISTRIBUTED for Conference of June 2, 2016.
06/06/2016DISTRIBUTED for Conference of June 9, 2016.
06/13/2016DISTRIBUTED for Conference of June 16, 2016.
06/20/2016DISTRIBUTED for Conference of June 23, 2016.
06/27/2016DISTRIBUTED for Conference of June 27, 2016.
09/19/2016DISTRIBUTED for Conference of September 26, 2016.
10/03/2016DISTRIBUTED for Conference of October 7, 2016.
10/11/2016DISTRIBUTED for Conference of October 14, 2016.
10/17/2016Petition DENIED Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari. (Detached Opinion)
11/03/2016Petition for Rehearing filed.
11/15/2016DISTRIBUTED for Conference of December 2, 2016.
12/05/2016Rehearing DENIED.
08/16/2017Record returned to the U.S.D.C.-Western District of Washington (3 boxes of Washington State Court records).