|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-7065||5th Cir.||N/A||N/A||N/A||N/A||OT 2021|
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.|
|May 23 2022||DISTRIBUTED for Conference of 5/26/2022.|
|May 31 2022||DISTRIBUTED for Conference of 6/2/2022.|
|Jun 06 2022||DISTRIBUTED for Conference of 6/9/2022.|
|Jun 13 2022||DISTRIBUTED for Conference of 6/16/2022.|
|Jun 15 2022||Supplemental Brief of Anibal Canales, Jr. submitted.|
|Jun 21 2022||DISTRIBUTED for Conference of 6/23/2022.|
|Jun 29 2022||DISTRIBUTED for Conference of 6/29/2022.|
|Jun 30 2022||Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)|
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.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.