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Edwards v. Vannoy

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Docket No. Op. Below Argument Opinion Vote Author Term
19-5807 5th Cir. Dec 2, 2020 May 17, 2021 6-3 Kavanaugh OT 2020

Holding: The jury-unanimity rule announced in Ramos v. Louisiana does not apply retroactively on federal collateral review.

Judgment: Affirmed, 6-3, in an opinion by Justice Kavanaugh on May 17, 2021. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 15 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
Sep 30 2019Waiver of right of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy to respond filed.
Oct 03 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 11 2019Response Requested. (Due November 12, 2019)
Nov 05 2019Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk.
Nov 08 2019Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
Dec 12 2019Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy in opposition filed.
Dec 30 2019DISTRIBUTED for Conference of 1/17/2020.
Apr 20 2020DISTRIBUTED for Conference of 4/24/2020.
Apr 27 2020DISTRIBUTED for Conference of 5/1/2020.
May 04 2020Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether this Court’s decision in Ramos v. Louisiana, 590 U. S. ___ (2020), applies retroactively to cases on federal collateral review.
May 19 2020Joint motion of the parties for an extension of time to file the briefs on the merits filed.
May 28 2020Joint motion of the parties to extend the time to file the briefs on the merits granted in part. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2020. The time to file respondent's brief on the merits is extended to and including September 14, 2020. The reply brief is to be filed in compliance with Rule 25.3.
Jul 09 2020Blanket Consent filed by Petitioner, Thedrick Edwards.
Jul 13 2020Blanket Consent filed by Respondent, Darrel, Warden, Louisiana State. Penitentiary Vannoy
Jul 15 2020Joint appendix, including addendum CD of video exhibit, filed. (Statement of costs filed)
Jul 15 2020Brief of petitioner Thedrick Edwards filed.
Jul 21 2020Brief amici curiae of Center on Race, Inequality, et al. filed.
Jul 21 2020Brief amici curiae of Human Rights for Kids and Louisiana Center for Children’s Rights filed.
Jul 21 2020Brief amici curiae of The Promise of Justice Initiative, et al. filed.
Jul 21 2020Brief amici curiae of Louisiana Professors of Law filed.
Jul 21 2020Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of neither party filed.
Jul 22 2020Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jul 22 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 22 2020Brief amici curiae of American Civil Liberties Union, et al. filed.
Jul 22 2020Brief amicus curiae of DKT Liberty Project filed.
Jul 22 2020Brief amici curiae of Roderick & Solange MacArthur Justice Center and Phillips Black, Inc., in support of neither party filed.
Jul 22 2020Brief amicus curiae of Law Professors and Social Scientists filed.
Jul 22 2020Brief amici curiae of Edward L. Tarpley, Jr., et al. filed.
Jul 22 2020Brief amici curiae of Federal Public Defender for the District of Oregon and the Oregon Criminal Defense Lawyers Association filed.
Jul 22 2020Brief amicus curiae of Innocence Project New Orleans filed.
Jul 22 2020Brief amici curiae of Former Judges, Prosecutors, and Public Officials filed.
Jul 22 2020Brief amicus curiae of JonRe Taylor filed.
Jul 22 2020Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed.
Sep 02 2020Motion for a further extension of time to file respondent's brief on the merits filed.
Sep 08 2020Motion for a further extension of time to file respondent's brief on the merits granted, and the time is extended to and including September 28, 2020.
Sep 16 2020SET FOR ARGUMENT on Monday, November 30, 2020.
Sep 28 2020Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy filed.
Oct 05 2020Brief amicus curiae of United States filed.
Oct 05 2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 05 2020Brief amicus curiae of Commonwealth of Puerto Rico filed.
Oct 05 2020Brief amicus curiae of State of Oregon filed.
Oct 08 2020Record requested from the U.S.C.A. 5th Circuit.
Oct 14 2020Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 19 2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 20 2020Removed for argument on Monday, November 30, 2020.
Oct 20 2020SET FOR ARGUMENT on Wednesday, December 2, 2020.
Oct 27 2020CIRCULATED
Oct 28 2020Reply of petitioner Thedrick Edwards filed. (Distributed)
Dec 02 2020Argued. For petitioner: André Bélanger, Baton Rouge, La. For respondent: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jan 27 2021Record received from the U.S.D.C Middle District of Louisiana. (1 Box)
May 17 2021Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
Jun 18 2021JUDGMENT ISSUED.