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Cannon v. Seay

Petition for certiorari denied on March 30, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-311 4th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether, in review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double-jeopardy protection bars retrial after a mistrial is granted over a defendant’s objection based upon the absence of a critical prosecution witness, the required strict scrutiny applied to the legal determination of manifest necessity constrains in equal or greater measure the deference universally accorded a trial court’s fact-finding; and (2) whether in granting relief under 28 U.S.C. § 2241 the U.S. Court of Appeals for the 4th Circuit egregiously failed to apply clearly established federal law as determined by the Supreme Court in Arizona v. Washington and accord deference to the state court’s ruling finding manifest necessity for mistrial when it resolved that omission of a reference to consideration of alternatives in the court’s oral ruling made the ruling fatally insufficient even though the record shows the state court did not act rashly in granting a mistrial, but pursued a cautious approach that included suspending the trial to allow a search for the missing witness prior to considering and granting the state’s mistrial motion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 03 2019Petition for a writ of certiorari filed. (Response due October 7, 2019)
Oct 03 2019Waiver of right of respondent Broderick Seay to respond filed.
Oct 09 2019DISTRIBUTED for Conference of 11/1/2019.
Oct 15 2019Response Requested. (Due November 14, 2019)
Nov 14 2019Brief of respondent Broderick Seay in opposition filed.
Nov 14 2019Motion for leave to proceed in forma pauperis filed by respondent Broderick Seay.
Nov 26 2019Reply of petitioner Al Cannon filed.
Dec 04 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020DISTRIBUTED for Conference of 1/24/2020.
Feb 14 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020DISTRIBUTED for Conference of 2/28/2020.
Mar 02 2020DISTRIBUTED for Conference of 3/6/2020.
Mar 16 2020DISTRIBUTED for Conference of 3/20/2020.
Mar 23 2020DISTRIBUTED for Conference of 3/27/2020.
Mar 30 2020Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 30 2020Petition DENIED. Justice Thomas, Justice Alito, and Justice Kavanaugh would grant the petition for a writ of certiorari.