|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the Florida Supreme Court’s per se harmless-error rule for violations of Hurst v. Florida—which deems errors harmless in every case in which the capital defendant’s pre-Hurst advisory jury, after being instructed that the findings of fact and sentencing decision would be made by the judge alone, unanimously recommended the death penalty—contravenes the Eighth Amendment under Caldwell v. Mississippi; (2) whether the Florida Supreme Court’s per se harmless-error rule for Hurst violations contravenes the Supreme Court’s decisions holding that harmless-error review cannot be “automatic and mechanical,” Barclay v. Florida; must include consideration of the whole record, Rose v. Clark; and must be accompanied by “a detailed explanation based on the record,” Clemons v. Mississippi.
|Date||Proceedings and Orders |
|Jun 06 2018||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2018)|
|Jul 02 2018||Brief of respondent State of Florida in opposition filed.|
|Jul 13 2018||Reply of petitioner Jesse Guardado filed.|
|Jul 19 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Sep 18 2018||Rescheduled.|
|Sep 27 2018||DISTRIBUTED for Conference of 10/12/2018.|
|Oct 09 2018||Rescheduled.|
|Oct 22 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 22 2018||Rescheduled.|
|Oct 29 2018||DISTRIBUTED for Conference of 11/2/2018.|
|Nov 05 2018||DISTRIBUTED for Conference of 11/9/2018.|
|Nov 13 2018||Petition DENIED. Justice Thomas, concurring in the denial of certiorari: I concur for the reasons set out in Reynolds v. Florida, 586 U. S. ___ (2018) (Thomas, J., concurring). Justice Sotomayor, dissenting from the denial of certiorari: I dissent for the reasons set out in Reynolds v. Florida, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).|
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.
NEW: Biden's commission studying proposals for Supreme Court reform has released 200+ pages of "discussion materials" in advance of its final report, slated to be issued next month. The materials are divided into five categories and are available here: https://www.whitehouse.gov/pcscotus/public-meetings/october-15-2021-pcscotus-meeting/
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
Today at SCOTUS: The Biden administration will appear before the justices asking to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev -- despite Biden's campaign pledge to end the death penalty and the DOJ's recent moratorium on federal executions.
Brett Kavanaugh was back on the bench today after participating in last week's arguments remotely due to his positive COVID test. Here's the full nine-person bench, in a sketch by @Courtartist.
#SCOTUS calls for the views of the US Solicitor General in Epic Systems v. Tata Consultancy Services, re whether a punitive damages award that complies with a state law that caps punitive damages passes constitutional muster