Pena-Rodriguez v. Colorado

Docket No. Op. Below Argument Opinion Vote Author Term
15-606 Colo. Oct 11, 2016
Tr.Aud.
Mar 6, 2017 5-3 Kennedy OT 2016

Holding: When a juror makes a clear statement indicating that he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror's statement and any resulting denial of the jury trial guarantee.

Judgment: Reversed and remanded, 5-3, in an opinion by Justice Kennedy on March 6, 2017. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 31 2015Application (15A265) to extend the time to file a petition for a writ of certiorari from September 13, 2015 to November 12, 2015, submitted to Justice Sotomayor.
Sep 10 2015Application (15A265) granted by Justice Sotomayor extending the time to file until November 12, 2015.
Nov 10 2015Petition for a writ of certiorari filed. (Response due December 10, 2015)
Nov 12 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 13 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Nov 16 2015Waiver of right of respondent Colorado to respond filed.
Dec 02 2015DISTRIBUTED for Conference of January 8, 2016.
Dec 08 2015Response Requested.(Due January 7, 2016)
Dec 08 2015Brief amicus curiae of National Congress of American Indians filed.
Dec 10 2015Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Dec 10 2015Brief amici curiae of Professors of Law filed.
Dec 10 2015Brief amicus curiae of Center on the Administration of Criminal Law filed.
Dec 21 2015Order extending time to file response to petition to and including February 19, 2016.
Jan 07 2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 07 2016Brief amici curiae of Retired Judges filed.
Feb 19 2016Brief of respondent Colorado in opposition filed.
Mar 07 2016Reply of petitioner Miguel Angel Pena-Rodriguez filed.
Mar 09 2016DISTRIBUTED for Conference of March 25, 2016.
Mar 28 2016DISTRIBUTED for Conference of April 1, 2016.
Apr 04 2016Petition GRANTED.
Apr 22 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 23, 2016.
Apr 22 2016The time to file respondent's brief on the merits is extended to and including August 29, 2016.
May 04 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
May 11 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 23 2016Joint appendix filed. (Statement of costs filed.)
Jun 23 2016Brief of petitioner Miguel Angel Pena-Rodriguez filed.
Jun 24 2016Brief amicus curiae of The United Mexican States filed.
Jun 30 2016Brief amicus curiae of Constitutional Accountability Center filed.
Jun 30 2016Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed.
Jun 30 2016Brief amicus curiae of National Association of Federal Defenders filed.
Jun 30 2016Brief amici curiae of Professors of Law filed.
Jun 30 2016Brief amicus curiae of Professor Cedric Merlin Powell filed.
Jun 30 2016Brief amici curiae of the Hispanic National Bar Association, et al. filed.
Jun 30 2016Brief amicus curiae of Center on the Administration of Criminal Law filed.
Jul 13 2016SET FOR ARGUMENT on Tuesday, October 11, 2016.
Jul 22 2016Record requested from the Supreme Court of Colorado.
Aug 19 2016CIRCULATED.
Aug 29 2016Brief of respondent Colorado filed. (Distributed)
Sep 06 2016Brief amicus curiae of United States filed. (Distributed)
Sep 06 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 06 2016Brief amicus curiae of Colorado District Attorneys' Council filed. (Distributed)
Sep 06 2016Brief amici curiae of Indiana, et al. filed. (Distributed)
Sep 06 2016Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Sep 14 2016Record received from the Supreme Court of Colorado. 1 Envelope partially SEALED and electronic.
Sep 19 2016Reply of petitioner Miguel Angel Pena-Rodriguez filed. (Distributed)
Sep 26 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 11 2016Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Frederick R. Yarger, Solicitor General, Denver, Colo.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 06 2017Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J. and Thomas, J., joined.
Apr 07 2017JUDGMENT ISSUED.
Apr 07 2017MANDATE ISSUED.
Aug 07 2017Record from the Supreme Court of Colorado has been returned.
 
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