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Burns v. Mays

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Petition for certiorari denied on April 24, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-5891 6th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether an ineffective assistance claim may be based on counsel’s failure to exercise a state-law right to introduce residual doubt evidence at a capital sentencing; (2) whether counsel provides ineffective assistance at capital sentencing if they fail to establish the defendant’s lesser moral culpability by demonstrating that he did not kill a victim, even if the lesser culpability proof fails to negate all aggravating (eligibility) factors; and (3) whether it constitutes deficient performance under Strickland v. Washington if trial counsel postpones their preparations for sentencing until a brief post-guilt phase recess; and if deficient, whether counsel’s performance can be excused, if omitted mitigation evidence fails to explain why the defendant committed the offense.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 08 2022Application (22A117) to extend the time to file a petition for a writ of certiorari from August 22, 2022 to October 21, 2022, submitted to Justice Kavanaugh.
Aug 15 2022Application (22A117) granted by Justice Kavanaugh extending the time to file until October 21, 2022.
Oct 20 2022Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2022)
Nov 23 2022Brief amicus curiae of Lay and Ordained Ministers filed.
Nov 23 2022Brief of respondent Tony Mays, Warden in opposition filed.
Dec 08 2022DISTRIBUTED for Conference of 1/6/2023.
Dec 08 2022Reply of petitioner Kevin B. Burns filed. (Distributed)
Dec 14 2022Record Requested.
Dec 14 2022All records from the U.S.C.A.-6th Circuit are available on PACER.
Feb 22 2023The record from the U.S.D.C.-Western District of Tennessee is available on PACER. Docket Entry 35 was transmitted electronically.
Feb 23 2023DISTRIBUTED for Conference of 3/17/2023.
Mar 20 2023DISTRIBUTED for Conference of 3/24/2023.
Mar 27 2023DISTRIBUTED for Conference of 3/31/2023.
Apr 10 2023DISTRIBUTED for Conference of 4/14/2023.
Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
Apr 24 2023Petition DENIED. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of certiorari. (Detached Opinion)
May 18 2023Petition for Rehearing filed.