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