|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-7848||9th Cir.||N/A||N/A||N/A||N/A||OT 16|
Issue: (1) Whether capital defense counsel may decide to present evidence of a single mitigating factor without having first conducted a thorough investigation of other potential mitigating factors and whether counsel's post-hoc concern about possible rebuttal evidence justifies the failure to investigate; and (2) whether, where a state court provides a reasoned decision denying relief, 18 U.S.C. Section 2254(d) permits a federal court to ignore the reasoning of the state court and substitute its own reasons for denying relief and whether the violent nature of the crime lessens the prejudice from unconstitutional shackling.
|Date||Proceedings and Orders |
|Nov 19 2015||Application (15A550) to extend the time to file a petition for a writ of certiorari from December 2, 2015 to January 16, 2016, submitted to Justice Kennedy.|
|Nov 24 2015||Application (15A550) granted by Justice Kennedy extending the time to file until January 19, 2016.|
|Jan 19 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2016)|
|Feb 03 2016||Supplemental brief of petitioner Clark Elmore filed.|
|Feb 26 2016||Brief of respondent Donald R. Holbrook, Superintendent, Washington State Penitentiary in opposition filed.|
|Mar 08 2016||Reply of petitioner Clark Elmore filed.|
|Mar 17 2016||DISTRIBUTED for Conference of April 1, 2016.|
|Mar 24 2016||Record Requested.|
|Mar 24 2016||Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER.|
|Mar 25 2016||Record received from the U.S.D.C. Western District of Washington. The record is electronic and available on PACER, except for one sealed document provided electronically.|
|Mar 31 2016||Record received from Washington State Courts (3 boxes).|
|Apr 07 2016||DISTRIBUTED for Conference of April 22, 2016.|
|Apr 13 2016||Rescheduled.|
|Apr 25 2016||DISTRIBUTED for Conference of April 29, 2016.|
|Apr 25 2016||Rescheduled.|
|May 09 2016||DISTRIBUTED for Conference of May 12, 2016.|
|May 09 2016||Rescheduled.|
|May 11 2016||DISTRIBUTED for Conference of May 26, 2016.|
|May 31 2016||DISTRIBUTED for Conference of June 2, 2016.|
|Jun 06 2016||DISTRIBUTED for Conference of June 9, 2016.|
|Jun 13 2016||DISTRIBUTED for Conference of June 16, 2016.|
|Jun 20 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||DISTRIBUTED for Conference of June 27, 2016.|
|Sep 19 2016||DISTRIBUTED for Conference of September 26, 2016.|
|Oct 03 2016||DISTRIBUTED for Conference of October 7, 2016.|
|Oct 11 2016||DISTRIBUTED for Conference of October 14, 2016.|
|Oct 17 2016||Petition DENIED Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari. (Detached Opinion)|
|Nov 03 2016||Petition for Rehearing filed.|
|Nov 15 2016||DISTRIBUTED for Conference of December 2, 2016.|
|Dec 05 2016||Rehearing DENIED.|
|Aug 16 2017||Record returned to the U.S.D.C.-Western District of Washington (3 boxes of Washington State Court records).|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).