Tharpe v. Sellers

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-6075 11th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether reasonable jurists could disagree with the district court's rejection of the petitioner's Rule 60(b) motion, and, accordingly, whether the U.S. Court of Appeals for the 11th Circuit erred in denying a certificate of appealability; (2) whether, given the petitioner's credible evidence that a juror voted for the death penalty because the petitioner is a “nigger,” the lower court erred in ruling that he failed to make “a substantial showing of the of the denial of a constitutional right” under 28 U.S.C. § 2253(c)(2); and (3) whether Pena-Rodriguez v. Colorado created a new constitutional claim, and, if not, whether the lower courts erred in denying the petitioner's motion for relief from judgment under Rule 60(b)(6).

DateProceedings and Orders
Sep 23 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)
Sep 23 2017Application (17A330) for a stay of execution of sentence of death, submitted to Justice Thomas.
Sep 26 2017Brief of respondent Eric Sellers, Warden in opposition filed.
Sep 26 2017Application (17A330) referred to the Court.
Sep 26 2017Reply of petitioner Keith Tharpe filed.
Sep 26 2017Application (17A330) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 23 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 30 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017DISTRIBUTED for Conference of 11/21/2017.
 
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