Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Marshall v. Rodgers

Docket No. Op. Below Argument Opinion Vote Author Term
12-382 9th Cir. Not Argued Apr 1, 2013 TBD Per Curiam OT 2012

Holding: The Ninth Circuit erred in granting habeas relief to respondent Otis Lee Rodgers, who argued that the state courts violated his Sixth Amendment right to effective assistance of counsel when it failed to appoint an attorney to help him file a motion for a new trial, even when he had waived his right to an attorney on three previous occasions. Even assuming that, after a defendant validly waives his right to trial counsel, a post-trial, preappeal motion for a new trial is a critical stage of the prosecution, the Ninth Circuit’s holding that respondent’s Sixth Amendment right to counsel was violated was not supported by clearly established federal law; the courts of appeals may not rely on circuit precedent to refine or sharpen a general principle of Supreme Court jurisprudence into a specific legal rule that the Court has not announced.

Judgment: Granted, reversed in a per curiam opinion on April 1, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 25 2012Petition for a writ of certiorari filed. (Response due October 29, 2012)
Oct 10 2012Suggestion of mootness filed by respondent Otis Lee Rodgers.
Oct 24 2012DISTRIBUTED for Conference of November 9, 2012.
Oct 29 2012Application (12A440) to recall and stay pending disposition of the petition for a writ of certiorari, submitted to Justice Kennedy.
Nov 2 2012Response to application (12A440) requested by Justice Kennedy, due Wednesday, November 7, 2012, by noon EST.
Nov 2 2012Response to application from respondent Otis Lee Rodgers filed.
Nov 5 2012Response Requested . (Due December 5, 2012)
Nov 5 2012Application (12A440) for recall of mandate and stay of proceedings denied by Justice Kennedy, without prejudice to renewal of the application in light of any further order of this Court with respect to the petition for a writ of certiorari or in light of further developments in the trial court.
Nov 23 2012Brief of respondent Otis Lee Rodgers in opposition filed.
Nov 23 2012Motion for leave to proceed in forma pauperis filed by respondent Otis Lee Rodgers.
Dec 5 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013DISTRIBUTED for Conference of January 18, 2013.
Feb 4 2013DISTRIBUTED for Conference of February 15, 2013.
Feb 19 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013DISTRIBUTED for Conference of March 1, 2013.
Mar 4 2013DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013DISTRIBUTED for Conference of March 22, 2013.
Mar 19 2013Supplemental brief of respondent Otis Lee Rodgers filed. (Distributed)
Mar 25 2013DISTRIBUTED for Conference of March 29, 2013.
Mar 28 2013Supplemental brief of petitioner John Marshall, Warden filed. (Distributed)
Apr 1 2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Apr 1 2013Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion)
Apr 15 2013Petition for Rehearing filed.
Apr 30 2013DISTRIBUTED for Conference of May 16, 2013.
May 20 2013Rehearing DENIED.
May 20 2013JUDGMENT ISSUED.
 
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