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Boyer v. California

Petition for certiorari denied on May 2, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-8119 9th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether decades-long delays in executions—caused primarily by state action, and which result in only a small number of randomly-selected defendants actually being put to death—constitute a violation of due process under the Fifth and Fourteenth Amendments, as well as cruel and unusual punishment under the Eighth Amendment; and (2) whether the trial court is bound to hold an evidentiary hearing before the evidence is presented to the jury—assuming that undependable eyewitness identification is admissible at all, after a colorable showing that eyewitness identification evidence is both tainted and otherwise unreliable in a penalty phase trial—in order to establish sufficient reliability to comport with the due process clauses of the Fifth and Fourteenth Amendments as well as the Eighth and Fourteenth Amendments requiring greater reliability in capital cases.

DateProceedings and Orders (key to color coding)
Jan 19 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2016)
Mar 10 2016Brief of respondent Ronald Davis, Warden in opposition filed.
Mar 24 2016DISTRIBUTED for Conference of April 15, 2016.
Apr 6 2016Rescheduled.
Apr 18 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016DISTRIBUTED for Conference of April 29, 2016.
May 2 2016Petition DENIED. Justice Breyer dissenting from denial of certiorari. (Detached Opinion)
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