|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-292||Tex. Crim. App.||N/A||N/A||N/A||N/A||OT 2014|
Issue: (1) Whether the former Texas special issues for death penalty sentencing do provide – as the Texas Court of Criminal Appeals held – or do not provide – as the Fifth Circuit has held – an appropriate vehicle for the jury to consider and give full effect to mitigating evidence of good character, such that failure to provide a separate question violates the Eighth and Fourteenth Amendments under this Court’s jurisprudence in Penry v. Lynaugh and Penry v. Johnson; (2) whether a conviction aided by the prosecution's failure to produce evidence that contradicted its theory and showed that the evidence it did rely upon and the resulting jury arguments were false violates the Due Process Clauses of the Fifth and Fourteenth Amendments under this Court's Brady v. Maryland jurisprudence; and (3) whether executing a defendant who has already served more than thirty years on death row while exercising his legal rights in a non-abusive manner serves any penological purpose and amounts to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.
|Date||Proceedings and Orders |
|Sep 9 2014||Petition for a writ of certiorari filed. (Response due October 14, 2014)|
|Oct 10 2014||Order extending time to file response to petition to and including November 13, 2014.|
|Nov 13 2014||Brief of respondent Texas in opposition filed.|
|Dec 1 2014||Reply of petitioner Lester Leroy Bower, Jr. filed.|
|Dec 3 2014||DISTRIBUTED for Conference of January 9, 2015.|
|Jan 12 2015||DISTRIBUTED for Conference of January 16, 2015.|
|Jan 20 2015||DISTRIBUTED for Conference of January 23, 2015.|
|Feb 3 2015||Application (14A838) for a stay of execution of sentence of death, submitted to Justice Scalia.|
|Feb 4 2015||Response to application from respondent Texas filed.|
|Feb 5 2015||Application (14A838) referred to the Court.|
|Feb 5 2015||Application (14A838) granted by the Court. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition of the petition (14-292) 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 issuance of the mandate of this Court.|
|Feb 9 2015||DISTRIBUTED for Conference of February 20, 2015.|
|Feb 23 2015||DISTRIBUTED for Conference of February 27, 2015.|
|Mar 2 2015||DISTRIBUTED for Conference of March 6, 2015.|
|Mar 9 2015||DISTRIBUTED for Conference of March 20, 2015.|
|Mar 23 2015||Petition DENIED Justice Breyer, with whom Justice Ginsburg and Justice Sotomayor join, dissenting from the denial of certiorari. (Detached Opinion)|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).