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Brown v. Davenport

Docket No. Op. Below Argument Opinion Vote Author Term
20-826 6th Cir. TBD TBD TBD TBD OT 2021

Issue: Whether a federal habeas court may grant relief based solely on its conclusion that the test from Brecht v. Abrahamson is satisfied, as the U.S. Court of Appeals for the 6th Circuit held, or whether the court must also find that the state court’s application of Chapman v. California was unreasonable under 28 U.S.C. § 2254(d)(1), as the U.S. Courts of Appeals for the 2nd, 3rd, 7th, 9th and 10th Circuits have held.

DateProceedings and Orders (key to color coding)
Dec 14 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)
Dec 21 2020Application (20A116) to recall and stay mandate, submitted to Justice Kavanaugh.
Dec 30 2020Motion to extend the time to file a response to the petition for a writ of certiorari from January 19, 2021 to February 18, 2021, submitted to The Clerk.
Dec 31 2020Response to application (20A116) requested by Justice Kavanaugh, due Tuesday, January 12, 2021, by 4 p.m. ET.
Jan 04 2021Motion to extend the time to file a response to the petition for a writ of certiorari is granted and the time is extended to and including February 18, 2021.
Jan 12 2021Response to application from respondent Ervine Davenport filed.
Jan 19 2021Reply of applicant Mike Brown, Acting Warden filed.
Jan 21 2021Letter of applicant Mike Brown, Acting Warden received.
Feb 01 2021Application (20A116) referred to the Court.
Feb 01 2021Application (20A116) granted by the Court. The application to recall and stay the mandate, presented to Justice Kavanaugh and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Sixth Circuit in case No. 17-2267 is recalled and stayed pending the disposition of the petition 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 sending down of the judgment of this Court. Justice Sotomayor would deny the application.
Feb 18 2021Brief of respondent Ervine Davenport in opposition filed.
Mar 08 2021Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)
Mar 10 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 29 2021DISTRIBUTED for Conference of 4/1/2021.
Apr 05 2021Petition GRANTED.
Apr 20 2021Motion of Mike Brown, Acting Warden for an extension of time submitted.