|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-8589||11th Cir.||N/A||N/A||N/A||N/A||OT 2014|
Issue: Whether the Eleventh Circuit has correctly determined that this Court’s decision in Harrington v. Richter overruled sub silentio the holding of Ylst v. Nunnemaker that “where there has been one reasoned state judgment rejecting a federal claim, later unexplained orders upholding that judgment or rejecting the same claim rest upon the same ground;” (2) whether, once a finding that the state court’s factual findings and/or legal analysis are unreasonable and/or contrary to clearly established Supreme Court precedent, a federal district court may nevertheless defer to the state court’s unreasonable findings and conclusions despite having determined that, applying de novo review, a court could find that an error of constitutional magnitude had been committed; and (3) whether the Eleventh Circuit misapplied the harmless error analysis of Brecht v. Abrahamson by failing to consider the manner in which the prosecutor introduced and relied on evidence taken in violation of Mr. Hittson’s Fifth and Sixth Amendment rights.
|Date||Proceedings and Orders |
|Nov 21 2014||Application (14A549) to extend the time to file a petition for a writ of certiorari from December 24, 2014 to February 22, 2015, submitted to Justice Thomas.|
|Dec 3 2014||Application (14A549) granted by Justice Thomas extending the time to file until February 22, 2015.|
|Feb 23 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2015)|
|Mar 27 2015||Brief of respondent Bruce Chatman, Warden in opposition filed.|
|Apr 16 2015||DISTRIBUTED for Conference of May 1, 2015.|
|Apr 22 2015||Record Requested .|
|Apr 22 2015||Reply of petitioner Travis Clinton Hittson filed.|
|Apr 23 2015||Record received from the U.S.D.C. for the Middle District of Georgia. The record is electronic and available on PACER.|
|Apr 28 2015||Record received from the U.S.C.A. for the 11th Circuit (1 envelope).|
|Apr 29 2015||DISTRIBUTED for Conference of May 14, 2015.|
|May 13 2015||Rescheduled.|
|May 18 2015||DISTRIBUTED for Conference of May 21, 2015.|
|May 26 2015||DISTRIBUTED for Conference of May 28, 2015.|
|Jun 1 2015||DISTRIBUTED for Conference of June 4, 2015.|
|Jun 8 2015||DISTRIBUTED for Conference of June 11, 2015.|
|Jun 15 2015||Petition DENIED. Justice Ginsburg, with whom Justice Kagan joins, concurring in the denial of certiorari. (Detached Opinion)|
|Jul 10 2015||Petition for Rehearing filed.|
|Jul 16 2015||DISTRIBUTED.|
|Aug 10 2015||Rehearing DENIED.|
|Jun 23 2016||Record from U.S.C.A. 11th Circuit has been returned.|
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).