Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
19-7862 | 8th Cir. | N/A | N/A | N/A | N/A | OT 2021 |
Issues: (1) Whether, because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, the U.S. Court of Appeals for the 8th Circuit erred in concluding that the Eighth and Fifth Amendments permit the government to execute the petitioner, Wesley Coonce ― though his 71 I.Q. and severe adaptive deficits otherwise meet the criteria for a medical diagnosis of intellectual disability that would bar his execution under 18 U.S.C. § 3596(c) and Atkins v. Virginia ― solely because his impairment originated at age 20 rather than before age 18; and (2) whether the 8th Circuit erred in concluding, like other circuits but unlike numerous state courts of last resort, that notwithstanding the Supreme Court’s recent teaching concerning the Sixth Amendment’s confrontation clause, its 70-year-old decision in Williams v. New York allows the admission of testimonial hearsay to prove an aggravating factor at a capital sentencing hearing.
Date | Proceedings and Orders |
---|---|
Dec 04 2019 | Application (19A632) to extend the time to file a petition for a writ of certiorari from January 2, 2020 to March 2, 2020, submitted to Justice Gorsuch. |
Dec 06 2019 | Application (19A632) granted by Justice Gorsuch extending the time to file until March 2, 2020. |
Feb 28 2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2020) |
Mar 27 2020 | Motion to extend the time to file a response from April 2, 2020 to May 4, 2020, submitted to The Clerk. |
Mar 30 2020 | Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2020. |
Apr 16 2020 | Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk. |
Apr 17 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including June 3, 2020. |
Jun 03 2020 | Motion to extend the time to file a response from June 3, 2020 to July 6, 2020, submitted to The Clerk. |
Jun 03 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including July 6, 2020. |
Jul 02 2020 | Motion to extend the time to file a response from July 6, 2020 to August 5, 2020, submitted to The Clerk. |
Jul 06 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2020. |
Aug 03 2020 | Motion to extend the time to file a response from August 5, 2020 to October 12, 2020, submitted to The Clerk. |
Aug 05 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2020. |
Oct 08 2020 | Motion to extend the time to file a response from October 13, 2020 to December 1, 2020, submitted to The Clerk. |
Oct 09 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including December 1, 2020. |
Nov 30 2020 | Motion to extend the time to file a response from December 1, 2020 to February 19, 2021, submitted to The Clerk. |
Dec 01 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021. |
Feb 16 2021 | Motion to extend the time to file a response from February 19, 2021 to April 20, 2021, submitted to The Clerk. |
Feb 17 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including April 20, 2021. |
Feb 26 2021 | Supplemental brief of petitioner Wesley Coonce, Jr. filed. |
Apr 20 2021 | Motion to extend the time to file a response from April 20, 2021 to June 21, 2021, submitted to The Clerk. |
Apr 21 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including June 21, 2021. |
Jun 16 2021 | Motion to extend the time to file a response from June 21, 2021 to July 21, 2021, submitted to The Clerk. |
Jun 17 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2021. |
Jul 21 2021 | Brief of respondent United States filed. |
Aug 02 2021 | Reply of petitioner Wesley Coonce, Jr. filed. |
Aug 05 2021 | DISTRIBUTED for Conference of 9/27/2021. |
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021. |
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021. |
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021. |
Nov 01 2021 | Petition DENIED. Justice Sotomayor, with whom Justice Breyer and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion) |
We can announce, however, that we'll be liveblogging the release of orders from today's conference AND opinions, starting at around 9:25 @SCOTUSblog. Please join us to discuss the leak, pending opinions, and whatever other SCOTUS-related issues are on your mind. https://twitter.com/AHoweBlogger/status/1524788054434660353
#SCOTUS will release opinions from argued cases at 10 am on Monday. The Court does not announce in advance how many opinions it will release or which ones.
NEW: Next Monday will be a Supreme Court opinion day. Starting at 10 a.m. EDT, the court expects to issue one or more decisions in argued cases from the current term.
Just in: The Supreme Court denies a request to block the execution of Clarence Dixon, an Arizona man who is scheduled to be put to death today. Dixon's attorneys argued that, because of a mental illness, Dixon is not mentally fit to be executed under the Eighth Amendment.
On this date in “How Appealing” history: At this very moment twenty years ago, this blog came into existence, boosting your humble author from nearly total obscurity to perhaps a modicum less than nearly total obscurity.
On this happy occasion, I once https://howappealing.abovethelaw.com/2022/05/06/#179553
How the unprecedented Supreme Court leak may have been a response to an earlier disclosure about the justices' private deliberations. @TomGoldsteinSB on what it all means for the court and its secrets.
How the leak might have happened - SCOTUSblog
Among the debates generated by the leak of Justice Samuel Alito’s opinion in Dobbs is whether the leaker was...
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JUST IN: The Supreme Court confirms the authenticity of the draft opinion revealed last night by Politico. The chief justice has ordered an investigation into the leak.