Shoop v. Twyford
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-511 | 6th Cir. | Apr 26, 2022 | Jun 21, 2022 | 5-4 | Roberts | OT 2021 |
Holding: A transportation order that allows a prisoner to search for new evidence " in this case an order compelling the state to transport Raymond Twyford to a medical facility for neurological testing " is not "necessary or appropriate in aid of" a federal court"s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief.
Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2022. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined. Justice Gorsuch filed a dissenting opinion.
SCOTUSblog Coverage
- A ruling that curtails the All Writs Act in habeas proceedings will be felt by state prisoners and federal courts (Mridula Raman, June 24, 2022)
- Announcement of orders and opinions for Tuesday, June 21 (complete) (Angie Gou, June 21, 2022)
- Divided court rejects death-row prisoners attempt to gather neurological evidence (Mridula Raman, June 21, 2022)
- Deploying the All Writs Act in habeas corpus proceedings and transporting John the Tiger Man (Mridula Raman, April 28, 2022)
- A prisoners bid to develop new evidence rests on a 233-year-old statute about judicial writs (Mridula Raman, April 25, 2022)
- April argument calendar features cases on Trump-era asylum policy and praying football coach (Amy Howe, March 15, 2022)
- Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field (Amy Howe, January 15, 2022)
- Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
| Date | Proceedings and Orders |
|---|---|
| 10/04/2021 | Petition for a writ of certiorari filed. (Response due November 5, 2021) |
| 10/27/2021 | Motion to extend the time to file a response from November 5, 2021 to December 6, 2021, submitted to The Clerk. |
| 10/28/2021 | Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2021. |
| 11/05/2021 | Brief amici curiae of Utah and 14 Other States filed. |
| 12/06/2021 | Brief of respondent Raymond Twyford in opposition filed. |
| 12/06/2021 | Motion for leave to proceed in forma pauperis filed by respondent Raymond Twyford. |
| 12/08/2021 | Reply of petitioner Tim Shoop, Warden filed. |
| 12/08/2021 | Waiver of the 14-day waiting period under 15.5 filed. |
| 12/15/2021 | DISTRIBUTED for Conference of 1/7/2022. |
| 01/10/2022 | DISTRIBUTED for Conference of 1/14/2022. |
| 01/14/2022 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 01/14/2022 | Petition GRANTED. |
| 01/21/2022 | Joint motion to dispense with printing the joint appendix filed. |
| 02/22/2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 02/25/2022 | Brief of petitioner Tim Shoop filed. |
| 03/04/2022 | Brief amici curiae of State of Utah and 20 Other States filed. |
| 03/07/2022 | Brief amicus curiae of United States in support of neither party filed. |
| 03/15/2022 | ARGUMENT SET FOR Tuesday, April 26, 2022. |
| 03/16/2022 | Record requested from the U.S.C.A. 6th Circuit. |
| 03/16/2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| 03/16/2022 | Opposition to motion of the Solicitor General filed by petitioner Tim Shoop. |
| 03/16/2022 | The record from the U.S.C.A. 6th Circuit is electronic and located on PACER. Also available are documents that has been electronically filed. |
| 03/19/2022 | Motion to appoint counsel filed by respondent Raymond Twyford. |
| 03/23/2022 | CIRCULATED |
| 03/28/2022 | Brief of respondent Raymond Twyford filed. (Distributed) |
| 04/01/2022 | Brief amici curiae of 18 Former Federal Judges filed. (Distributed) |
| 04/04/2022 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 04/04/2022 | Brief amici curiae of Law Professors filed. (Distributed) |
| 04/04/2022 | Brief amicus curiae of Massachusetts General Hospital Center for Law, Brain & Behavior filed. (Distributed) |
| 04/05/2022 | Reply of petitioner Tim Shoop filed. (Distributed) |
| 04/06/2022 | Motion to appoint counsel DISTRIBUTED for Conference of 4/22/2022. |
| 04/14/2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED IN PART, and the time is allotted as follows: 30 minutes for petitioner, 15 minutes for the Solicitor General, and 25 minutes for respondent. |
| 04/25/2022 | Motion to appoint counsel filed by respondent GRANTED, and Michael J. Benza, Esq., of Chagrin Falls, Ohio, is appointed to serve as counsel for respondent in this case. |
| 04/26/2022 | Argued. For petitioner: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: David A. O'Neil, Washington, D. C. |
| 06/21/2022 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion. |
| 07/25/2022 | JUDGMENT ISSUED |