Metrish v. Lancaster
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-547 | 6th Cir. |
Apr 24, 2013 Tr.Aud. |
TBD | TBD | TBD | OT 2012 |
Issue: (1) Whether the Michigan Supreme Court’s recognition that a state statute abolished the long-maligned diminished-capacity defense was an “unexpected and indefensible” change in a common-law doctrine of criminal law under this Court’s retroactivity jurisprudence, see Rogers v. Tennessee; and (2) whether the Michigan Court of Appeals’ retroactive application of the Michigan Supreme Court’s decision was “so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement” so as to justify habeas relief, see Harrington v. Richter.
SCOTUSblog Coverage
| Date | Proceedings and Orders |
|---|---|
| Oct 31 2012 | Petition for a writ of certiorari filed. (Response due December 3, 2012) |
| Nov 27 2012 | Order extending time to file response to petition to and including January 2, 2013. |
| Dec 3 2012 | Brief amici curiae of Indiana, et al. filed. |
| Dec 28 2012 | Brief of respondent Burt Lancaster in opposition filed. (Distributed) |
| Jan 2 2013 | DISTRIBUTED for Conference of January 18, 2013. |
| Jan 18 2013 | Petition GRANTED. |
| Feb 11 2013 | SET FOR ARGUMENT ON Wednesday, April 24, 2013 |
| Feb 22 2013 | Record from U.S.C.A. for 6th Circuit is electronic. |
| Mar 1 2013 | Brief amicus curiae of Wayne County, Michigan filed. (Distributed) |
| Mar 4 2013 | Joint appendix filed. (Distributed) (Statement of costs filed) |
| Mar 4 2013 | Brief of petitioner Linda Metrish, Warden filed. (Distributed) |
| Mar 8 2013 | CIRULATED |
| Mar 11 2013 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| Mar 20 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Apr 3 2013 | Brief of respondent Burt Lancaster filed. (Distributed). |
| Apr 5 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| Apr 10 2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| Apr 17 2013 | Reply of petitioner Linda Metrish, Warden filed. (Distributed) |
| Apr 24 2013 | Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondent: Kenneth M. Mogill, Lake Orion, Mich. |





