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 -- so we are again doubtful that certiorari will be granted in any cases today.

Sims v. Houston

Petition for certiorari denied on June 3, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-8906 D. Neb. N/A N/A N/A N/A OT 2012

Issue: (1) Does this Court’s opinion in Martinez v. Ryan have any application in a jurisdiction which, under the facts of petitioner’s case, mandates that claims of ineffective assistance of counsel be raised in the course of direct appellate review; and (2) if so, does this Court’s opinion in Martinez represent an “extraordinary circumstance” which might entitle a movant to relief under Rule 60(b)(6)?

DateProceedings and Orders
Jan 24 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2013)
Mar 6 2013Waiver of right of respondent Robert P. Houston, Director, Nebraska Department of Correctional Services to respond filed.
Mar 21 2013DISTRIBUTED for Conference of April 12, 2013.
Mar 27 2013Response Requested . (Due April 26, 2013)
Apr 22 2013Brief of respondent Robert P. Houston, Director, Nebraska Department of Correctional Services in opposition filed.
May 3 2013Reply of petitioner Michael Joseph Sims filed.
May 8 2013DISTRIBUTED for Conference of May 23, 2013.
May 28 2013DISTRIBUTED for Conference of May 30, 2013.
Jun 3 2013Petition DENIED.
 
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