Edwards v. Vannoy
| 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
- Justices divided on retroactive application of jury-unanimity rule (Amy Howe, May 17, 2021)
- Argument analysis: Complex retroactivity issues divide justices in jury-unanimity case (Amy Howe, December 2, 2020)
- Case preview: Justices will hear argument on whether unanimous jury ruling applies retroactively (Amy Howe, December 1, 2020)
- Justices release December calendar (Amy Howe, September 16, 2020)
- Justices to consider retroactive effect of unanimous jury ruling (Amy Howe, May 4, 2020)
| Date | Proceedings and Orders |
|---|---|
| 08/15/2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019) |
| 09/30/2019 | Waiver of right of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy to respond filed. |
| 10/03/2019 | DISTRIBUTED for Conference of 10/18/2019. |
| 10/11/2019 | Response Requested. (Due November 12, 2019) |
| 11/05/2019 | Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk. |
| 11/08/2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019. |
| 12/12/2019 | Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy in opposition filed. |
| 12/30/2019 | DISTRIBUTED for Conference of 1/17/2020. |
| 04/20/2020 | DISTRIBUTED for Conference of 4/24/2020. |
| 04/27/2020 | DISTRIBUTED for Conference of 5/1/2020. |
| 05/04/2020 | Motion 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. |
| 05/19/2020 | Joint motion of the parties for an extension of time to file the briefs on the merits filed. |
| 05/28/2020 | Joint 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. |
| 07/09/2020 | Blanket Consent filed by Petitioner, Thedrick Edwards. |
| 07/13/2020 | Blanket Consent filed by Respondent, Darrel, Warden, Louisiana State. Penitentiary Vannoy |
| 07/15/2020 | Joint appendix, including addendum CD of video exhibit, filed. (Statement of costs filed) |
| 07/15/2020 | Brief of petitioner Thedrick Edwards filed. |
| 07/21/2020 | Brief amici curiae of Center on Race, Inequality, et al. filed. |
| 07/21/2020 | Brief amici curiae of Human Rights for Kids and Louisiana Center for Children’s Rights filed. |
| 07/21/2020 | Brief amici curiae of The Promise of Justice Initiative, et al. filed. |
| 07/21/2020 | Brief amici curiae of Louisiana Professors of Law filed. |
| 07/21/2020 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of neither party filed. |
| 07/22/2020 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. |
| 07/22/2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 07/22/2020 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| 07/22/2020 | Brief amicus curiae of DKT Liberty Project filed. |
| 07/22/2020 | Brief amici curiae of Roderick & Solange MacArthur Justice Center and Phillips Black, Inc., in support of neither party filed. |
| 07/22/2020 | Brief amicus curiae of Law Professors and Social Scientists filed. |
| 07/22/2020 | Brief amici curiae of Edward L. Tarpley, Jr., et al. filed. |
| 07/22/2020 | Brief amici curiae of Federal Public Defender for the District of Oregon and the Oregon Criminal Defense Lawyers Association filed. |
| 07/22/2020 | Brief amicus curiae of Innocence Project New Orleans filed. |
| 07/22/2020 | Brief amici curiae of Former Judges, Prosecutors, and Public Officials filed. |
| 07/22/2020 | Brief amicus curiae of JonRe Taylor filed. |
| 07/22/2020 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. |
| 09/02/2020 | Motion for a further extension of time to file respondent's brief on the merits filed. |
| 09/08/2020 | Motion 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. |
| 09/16/2020 | SET FOR ARGUMENT on Monday, November 30, 2020. |
| 09/28/2020 | Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy filed. |
| 10/05/2020 | Brief amicus curiae of United States filed. |
| 10/05/2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/05/2020 | Brief amicus curiae of Commonwealth of Puerto Rico filed. |
| 10/05/2020 | Brief amicus curiae of State of Oregon filed. |
| 10/08/2020 | Record requested from the U.S.C.A. 5th Circuit. |
| 10/14/2020 | Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER. |
| 10/19/2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/20/2020 | Removed for argument on Monday, November 30, 2020. |
| 10/20/2020 | SET FOR ARGUMENT on Wednesday, December 2, 2020. |
| 10/27/2020 | CIRCULATED |
| 10/28/2020 | Reply of petitioner Thedrick Edwards filed. (Distributed) |
| 12/02/2020 | Argued. 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.) |
| 01/27/2021 | Record received from the U.S.D.C Middle District of Louisiana. (1 Box) |
| 05/17/2021 | Adjudged 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. |
| 06/18/2021 | JUDGMENT ISSUED. |
| 07/26/2021 | Record returned the U.S.D.C Middle District of Louisiana. (1 Box) |