Bishop v. Humphrey

Petition for certiorari denied on October 6, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1345 11th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether it is error for a federal appellate court to undertake the same analysis for penalty phase prejudice in capital cases arising from both weighing states, where juries impose death sentences only after determining that aggravating circumstances outweigh mitigating factors, and non-weighing states, where juries are instructed that they may return a sentence less than death for any reason or no reason at all, even after finding a statutory aggravator; and (2) whether the Eleventh Circuit violated the Eighth Amendment by improperly “weighing” aggravation against mitigation evidence in Mr. Bishop’s case rather than applying the non-weighing prejudice test consistent with Georgia’s capital sentencing statute articulated in Zant v. Stephens.

DateProceedings and Orders (key to color coding)
Dec 19 2013Application (13A652) to extend the time to file a petition for a writ of certiorari from January 1, 2014 to March 2, 2014, submitted to Justice Thomas.
Dec 30 2013Application (13A652) granted by Justice Thomas extending the time to file until March 2, 2014.
Mar 3 2014Petition for a writ of certiorari filed. (Response due June 6, 2014)
Jun 2 2014Brief of respondent Carl Humphrey, Warden in opposition filed.
Jun 6 2014Brief amici curiae of Public Counsel, Loyola Law School Project for the Innocent, and Death Penalty Focus filed.
Jun 17 2014Reply of petitioner Joshua Daniel Bishop filed.
Jun 18 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 6 2014Petition DENIED.
 
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