Broom v. Ohio

Petition for certiorari denied on December 12, 2016

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-5580	Ohio	N/A	N/A	N/A	N/A	OT 2016

Issues: (1) Whether the first attempt to execute the petitioner was cruel and unusual under the Eighth and 14th Amendments to the United States Constitution and if so, whether the appropriate remedy is to bar any further execution attempt on the petitioner; (2) whether a second attempt to execute the petitioner will be a cruel and unusual punishment and a denial of due process in violation of the Eighth and 14th Amendments to the United States Constitution; and (3) whether a second attempt to execute the petitioner will violate double jeopardy protections under the Fifth and 14th Amendments to the United States Constitution.

Date	Proceedings and Orders (key to color coding)
May 24 2016	Application (15A1218) to extend the time to file a petition for a writ of certiorari from June 14, 2016 to August 12, 2016, submitted to Justice Kagan.
May 25 2016	Application (15A1218) granted by Justice Kagan extending the time to file until August 12, 2016.
Aug 11 2016	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2016)
Sep 16 2016	Brief of respondent Ohio in opposition filed.
Oct 3 2016	Reply of petitioner Romell Broom filed.
Oct 6 2016	DISTRIBUTED for Conference of October 28, 2016.
Oct 25 2016	Rescheduled.
Oct 31 2016	DISTRIBUTED for Conference of November 4, 2016.
Nov 7 2016	DISTRIBUTED for Conference of November 10, 2016.
Nov 14 2016	DISTRIBUTED for Conference of November 22, 2016.
Nov 28 2016	DISTRIBUTED for Conference of December 2, 2016.
Dec 5 2016	DISTRIBUTED for Conference of December 9, 2016.
Dec 12 2016	Petition DENIED. Justice Breyer and Justice Kagan would grant the petition for a writ of certiorari.
Jan 6 2017	Petition for Rehearing filed.
Jan 11 2017	DISTRIBUTED for Conference of February 17, 2017.
Feb 21 2017	Rehearing DENIED.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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Broom v. Ohio

Featured Posts

Argument analysis: Justices close out 2018 term with a spirited discussion about sanctions for violating bankruptcy discharge – Ronald Mann

Justices allow Texas execution to go forward – Amy Howe

Reschedule Watch Returns – John Elwood

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