|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-1518||11th Cir.||Mar 18, 2013||May 13, 2013||9-0||Breyer||OT 2012|
Holding: The term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on May 13, 2013.
|Date||Proceedings and Orders |
|Jun 14 2012||Petition for a writ of certiorari filed. (Response due July 18, 2012)|
|Aug 1 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Aug 22 2012||Response Requested . (Due September 21, 2012)|
|Sep 20 2012||Brief of respondent BankChampaign, N.A. in opposition filed.|
|Sep 28 2012||Reply of petitioner Randy Curtis Bullock filed.|
|Oct 3 2012||DISTRIBUTED for Conference of October 26, 2012.|
|Oct 29 2012||Petition GRANTED.|
|Dec 11 2012||Letter of petitioner from counsel for the parties jointly proposing a lodging of the trust instrument that is the origin of the issues in this case filed. (Distributed)|
|Dec 13 2012||Joint appendix filed. (Statement of costs filed)|
|Dec 13 2012||Brief of petitioner Randy Curtis Bullock filed.|
|Dec 20 2012||Brief amicus curiae of G. Eric Brunstad, Jr. filed.|
|Jan 7 2013||SET FOR ARGUMENT ON Monday, March 18, 2013|
|Jan 11 2013||Brief of respondent BankChampaign, N.A. filed.|
|Jan 14 2013||Brief amici curiae of Professors Richard Aaron, et al. filed.|
|Jan 18 2013||Brief amicus curiae of United States filed.|
|Jan 18 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Jan 23 2013||CIRCULATED.|
|Jan 24 2013||Record received from U.S.C.A. for 11th Circuit. (1 envelope)|
|Feb 11 2013||Reply of petitioner Randy Curtis Bullock filed. (Distributed)|
|Feb 19 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Mar 18 2013||Argued. For petitioner: Thomas M. Byrne, Atlanta, Ga. For respondent: Bill D. Bensinger, Birmingham, Ala.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Mar 18 2013||The Clerk has approved the parties' joint proposal to lodge copies of the trust instrument from the Illinois proceedings.|
|Mar 19 2013||Record from U.S.D.C. for Southern District of Alabama is electronic.|
|May 13 2013||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.|
|Jun 14 2013||JUDGMENT ISSUED.|
|Jun 14 2013||Record returned to U.S.C.A. for 11th Circuit.|
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.