Duncan v. Owens

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-1516	7th Cir.	Jan 12, 2016 Tr.Aud.	Jan 20, 2016	n/a	Per Curiam	OT 2015

Issue: Whether the Seventh Circuit violated 28 U.S.C. § 2254 and a long line of this Court's decisions by awarding habeas relief in the absence of clearly established precedent from this Court.

Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on January 20, 2016.

SCOTUSblog Coverage

Argument analysis: A confusing search for “clearly established” law (Steve Vladeck)
Argument preview: How specific must “clearly established” law be to support federal habeas relief? (Steve Vladeck)

Date	Proceedings and Orders (key to color coding)
Apr 21 2015	Application (14A1074) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan.
Apr 24 2015	Response to application 14A1074 requested by Justice Kagan, due Friday, May 1, 2015, by 5 p.m ET.
Apr 30 2015	Response to application from respondent Lawrence Owens filed.
May 4 2015	Reply of applicant Stephen Duncan, Warden filed.
May 11 2015	Application (14A1074) denied by Justice Kagan.
Jun 17 2015	Application (14A1290) to extend the time to file a petition for a writ of certiorari from June 21, 2015 to July 15, 2015, submitted to Justice Kagan.
Jun 22 2015	Petition for a writ of certiorari filed. (Response due July 24, 2015)
Jun 24 2015	Application (14A1290) granted by Justice Kagan extending the time to file until July 15, 2015.
Jul 14 2015	Waiver of right of respondent Lawrence Owens to respond filed.
Jul 22 2015	DISTRIBUTED for Conference of September 28, 2015.
Jul 24 2015	Response Requested . (Due August 24, 2015)
Jul 29 2015	Application (15A111) to recall and stay mandate pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
Jul 30 2015	Application (15A111) denied by Justice Kagan.
Aug 4 2015	Application (15A111) refiled and submitted to Justice Scalia.
Aug 13 2015	Application (15A111) referred to the Court.
Aug 13 2015	Application (15A111) denied by the Court.
Aug 24 2015	Brief of respondent Lawrence Owens in opposition filed.
Sep 8 2015	Reply of petitioner Stephen Duncan, Warden filed. (Distributed)
Sep 9 2015	DISTRIBUTED for Conference of September 28, 2015.
Oct 1 2015	Petition GRANTED.
Oct 30 2015	Application (15A475) to recall and stay the mandate of the United States Court of Appeals for the Seventh Circuit pending the sending down of the judgment of this Court, submitted to Justice Kagan.
Nov 2 2015	Response to application (15A475) requested by Justice Kagan. (Due Friday, November 6, 2015, by 4 p.m. EST.)
Nov 6 2015	Response to application from respondent Lawrence Owens filed.
Nov 10 2015	Reply of applicant Stephen Duncan, Warden filed.
Nov 13 2015	Application (15A475) referred to the Court.
Nov 13 2015	Application (15A475) granted by the Court. The application to recall and stay the mandate of the United States Court of Appeals for the Seventh Circuit in case No. 14-1419, presented to Justice Kagan and by her referred to the Court, is granted pending the sending down of the judgment of this Court. The request seeking that the respondent be returned to applicants custody pending final disposition of this case is denied, thus leaving that determination for the state court.
Nov 16 2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent.
Nov 16 2015	Joint appendix filed. (Statement of costs filed)
Nov 16 2015	Brief of petitioner Stephen Duncan, Warden filed.
Nov 19 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 23 2015	Brief amicus curiae of Washington, et al. filed.
Nov 24 2015	SET FOR ARGUMENT on Tuesday, January 12, 2016
Dec 4 2015	Record requested from U.S.C.A. 7th Circuit.
Dec 8 2015	The record from U.S.C.A. 7th Circuit is electronic and located on PACER, with the exception of one document which is electronic and SEALED.
Dec 14 2015	Record from the U.S.D.C. Northern District of Illinois is electronic.
Dec 15 2015	CIRCULATED
Dec 16 2015	Brief of respondent Lawrence Owens filed. (Distributed)
Dec 30 2015	Reply of petitioner Stephen Duncan, Warden filed. (Distributed)
Jan 12 2016	Argued. For petitioner: Carolyn E. Shapiro, Solicitor General of Illinois, Chicago, Ill. For respondent: Barry Levenstam, Chicago, Ill.
Jan 20 2016	Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
Feb 23 2016	Judgment Issued

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Duncan v. Owens

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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