Lopez v. Smith

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-946 9th Cir. TBD TBD TBD TBD TBD

Issue: Whether the Ninth Circuit failed to apply the deferential standard of review required by 28 U.S.C. § 2254(d) when it granted federal habeas relief from a state murder conviction on the ground that the prosecutor's request for an aiding-and-abetting instruction at the jury-instruction conference violated a putative constitutional right to prior notice of the government's theory of prosecution - a right that has been recognized in the court of appeals' own precedents, but not established by any holding of this Court.

DateProceedings and Orders
Feb 5 2014Petition for a writ of certiorari filed. (Response due March 10, 2014)
Feb 27 2014Waiver of right of respondent Marvin Vernis Smith to respond filed.
Mar 19 2014DISTRIBUTED for Conference of April 4, 2014.
Mar 26 2014Response Requested . (Due April 25, 2014)
Apr 14 2014Order extending time to file response to petition to and including May 27, 2014.
May 27 2014Brief of respondent Marvin Vernis Smith in opposition filed.
Jun 6 2014Reply of petitioner Raul Lopez, Warden filed.
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014DISTRIBUTED for Conference of June 30, 2014.
Jul 7 2014Record Requested .
Jul 15 2014Partial record received from the U.S.C.A. 9th Circuit (2 boxes). The remaining record is electronic.
 
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