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Lindsey v. Virginia

Petition for certiorari denied on December 11, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
17-132 Va. N/A N/A N/A N/A OT 2017

Issue: Whether the jury instruction—that the defendant’s actions were “evidence of [the requisite intent] . . . unless there is believable evidence to the contrary”—violated due process by shifting to the defendant the burden of producing "believable evidence" to show that he lacked the requisite intent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 12 2017Application (16A1217) to extend the time to file a petition for a writ of certiorari from June 22, 2017 to July 24, 2017, submitted to The Chief Justice.
Jun 14 2017Application (16A1217) granted by The Chief Justice extending the time to file until July 24, 2017.
Jul 24 2017Petition for a writ of certiorari filed. (Response due August 28, 2017)
Jul 31 2017Waiver of right of respondent Virginia to respond filed.
Aug 16 2017DISTRIBUTED for Conference of 9/25/2017.
Aug 17 2017Response Requested. (Due September 18, 2017)
Sep 05 2017Order extending time to file response to petition to and including October 18, 2017.
Oct 18 2017Brief of respondent Virginia in opposition filed.
Nov 01 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 01 2017Reply of petitioner James Lindsey filed. (Distributed)
Nov 17 2017Rescheduled.
Nov 27 2017DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017DISTRIBUTED for Conference of 12/8/2017.
Dec 11 2017Petition DENIED.