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Cope v. South Carolina

Petition for certiorari denied on October 20, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-8427 S.C. N/A N/A N/A N/A OT 2014

Issue: (1) Whether South Carolina violated petitioner’s federal due process right to present his full defense under Washington v. Texas and Chambers v. Mississippi, while replicating its error in Holmes v. South Carolina by arbitrarily applying state evidentiary rules to exclude a wealth of highly relevant and reliable evidence about the true perpetrator’s modus operandi and out-of-court admissions that tended to prove that the perpetrator raped and murdered petitioner’s child by himself, rather than in some sort of improbable collaboration with petitioner; and (2) whether, despite this Court’s unanimous decision in Holmes v. South Carolina, South Carolina erroneously evaluated petitioner’s federal constitutional challenge to the exclusion of defense evidence in light of the prosecution’s evidence and theory of guilt, while failing to consider the actual issues raised by the defense or the purposes of the evidentiary rules at issue.

DateProceedings and Orders (key to color coding)
Nov 6 2013Application (13A479) to extend the time to file a petition for a writ of certiorari from November 26, 2013 to January 25, 2014, submitted to The Chief Justice.
Nov 8 2013Application (13A479) granted by The Chief Justice extending the time to file until January 25, 2014.
Jan 24 2014Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2014)
Feb 12 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 25 2014Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent.
Feb 26 2014Waiver of right of respondent South Carolina to respond filed.
Feb 27 2014Brief amicus curiae of The National Innocence Network filed.
Feb 27 2014Brief amici curiae of Professors of Evidence Law filed.
Mar 6 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 6 2014Response Requested . (Due April 7, 2014)
Apr 8 2014Order extending time to file response to petition to and including May 6, 2014.
May 13 2014Brief of respondent South Carolina in opposition filed.
May 16 2014Order further extending time to file response to petition to and including May 13, 2014.
May 23 2014Reply of petitioner Billy Wayne Cope filed.
Jun 4 2014DISTRIBUTED for Conference of June 19, 2014.
Jun 24 2014Record Requested .
Jul 15 2014Record received from the Supreme Court of South Carolina (1 envelope).
Jul 17 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 6 2014DISTRIBUTED for Conference of October 10, 2014.
Oct 14 2014DISTRIBUTED for Conference of October 17, 2014.
Oct 20 2014Petition DENIED.
 
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