Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

McQuiggin v. Perkins

Docket No. Op. Below Argument Opinion Vote Author Term
12-126 6th Cir. Feb 25, 2013
Tr.
May 28, 2013 5-4 Ginsburg OT 2012

Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 25 2012Petition for a writ of certiorari filed. (Response due August 27, 2012)
Aug 9 2012Order extending time to file response to petition to and including September 26, 2012.
Aug 27 2012Brief amici curiae of Alabama, et al. filed.
Sep 26 2012Brief of respondent Floyd Perkins in opposition filed.
Oct 9 2012Reply of petitioner Greg McQuiggin, Warden filed. (Distributed)
Oct 10 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 29 2012Petition GRANTED.
Dec 13 2012Joint appendix filed. (Statement of costs filed)
Dec 13 2012Brief of petitioner Greg McQuiggin, Warden filed.
Dec 18 2012SET FOR ARGUMENT Monday, February 25, 2013.
Dec 20 2012Brief amici curiae of Alabama, et al. filed.
Dec 21 2012The time to file respondent's brief on the merits is extended to and including January 18, 2013.
Jan 4 2013CIRCULATED.
Jan 8 2013Record from the U.S.C.A. for 6th Circuit is electronic.
Jan 15 2013Record from the U.S.D.C. for Western District of Michigan is electronic.
Jan 18 2013Brief of respondent Floyd Perkins filed. (Distributed)
Jan 25 2013Brief amicus curiae of The Innocence Network filed. (Distributed)
Jan 25 2013Brief amici curiae of former and current law enforcement officials filed. (Distributed)
Feb 15 2013Reply of petitioner Greg McQuiggin, Warden filed. (Distributed)
Feb 25 2013Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondent: Chad A. Readler, Columbus, Ohio.
May 28 2013Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined, and in which Alito, J., joined as to Parts I, II, and III.
Jul 1 2013JUDGMENT ISSUED.
 
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