|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether, for penalty-phase ineffective assistance of counsel violations, Harrington v. Richter “established a substantial likelihood standard for evaluating prejudice” that exceeds the standard in Wiggins v. Smith of a “reasonable probability that at least one juror would have struck a different balance” on whether to punish by death; and (2) whether the U.S. Court of Appeals for the 5th Circuit’s failure to “reweigh the evidence in aggravation against the totality of available mitigating evidence” conflicts with Wiggins and Andrus v. Texas.
|Date||Proceedings and Orders |
|Jan 28 2021||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)|
|Feb 24 2021||Motion to extend the time to file a response from March 8, 2021 to April 7, 2021, submitted to The Clerk.|
|Feb 25 2021||Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021.|
|Mar 08 2021||Brief amicus curiae of Legal Academics filed.|
|Mar 08 2021||Brief amici curiae of Arizona Capital Representation Project, et al. filed. (Corrected version submitted on 3/11/21)|
|Apr 07 2021||Brief of respondent Bobby Lumpkin in opposition filed.|
|Apr 21 2021||Reply of petitioner Anibal Canales, Jr. filed. (Distributed)|
|Apr 22 2021||DISTRIBUTED for Conference of 5/13/2021.|
|May 10 2021||Rescheduled.|
|May 17 2021||DISTRIBUTED for Conference of 5/20/2021.|
|May 18 2021||Rescheduled.|
|May 24 2021||DISTRIBUTED for Conference of 5/27/2021.|
|May 25 2021||Rescheduled.|
|Jun 01 2021||DISTRIBUTED for Conference of 6/3/2021.|
|Jun 01 2021||Rescheduled.|
|Jun 07 2021||DISTRIBUTED for Conference of 6/10/2021.|
|Jun 07 2021||Rescheduled.|
|Jun 14 2021||DISTRIBUTED for Conference of 6/17/2021.|
|Jun 15 2021||Rescheduled.|
|Jun 21 2021||DISTRIBUTED for Conference of 6/24/2021.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...