Strouth v. Colson

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-7720 6th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether this Court’s decision in Cullen v. Pinholster (2011), permits an exception whereby federal courts may consider newly developed evidence when the failure to develop that evidence in state court is a consequence of constrained process that is inadequate to develop the factual record; (2) whether this Court’s decision in Martinez v. Ryan (2012), applies to substantial ineffective-assistance-of-counsel claims that were not raised in state court because constrained state court process prohibited development of the evidence that gives rise to the claim?

DateProceedings and Orders
Sep 18 2012Application (12A279) to extend the time to file a petition for a writ of certiorari from October 10, 2012 to December 9, 2012, submitted to Justice Kagan.
Sep 21 2012Application (12A279) granted by Justice Kagan extending the time to file until December 9, 2012.
Dec 10 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2013)
Jan 17 2013Order extending time to file response to petition to and including February 11, 2013.
Feb 19 2013Order further extending time to file response to petition to and including March 13, 2013.
Mar 13 2013Brief of respondent Roland Colson, Warden in opposition filed.
Mar 25 2013Reply of petitioner Donald Wayne Strouth filed.
Mar 26 2013Supplemental brief of petitioner Donald Wayne Strouth filed.
Mar 28 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013DISTRIBUTED for Conference of April 19, 2013.
Jul 10 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013Petition DENIED.
Nov 1 2013Petition for Rehearing filed.
Nov 12 2013DISTRIBUTED for Conference of November 26, 2013.
Dec 2 2013Rehearing DENIED.
 
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