Issues: (1) Whether this Court should use its power to grant a writ of habeas corpus to a capital defendant who has no other available forum to raise his compelling claim of intellectual disability; (2) whether 28 U.S.C. Section 2244(b)(2)(B)(ii) permits a habeas petitioner to file a successive habeas petition based on a claim that he is innocent of the death penalty; and (3) whether a state’s diagnostic standards for intellectual disability deemed unconstitutional by this Court after a petitioner’s initial habeas proceedings render an Atkins v. Virginia claim previously unavailable for the purposes of 28 U.S.C. Section 2244(b)(2)(A).
|Date||Proceedings and Orders |
|Aug 22 2019||Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.|
|Aug 22 2019||Application (19A217) for a stay of execution of sentence of death, submitted to Justice Thomas.|
|Aug 22 2019||Brief of respondent in opposition filed.|
|Aug 22 2019||Response to application from respondent filed.|
|Aug 22 2019||Application (19A217) referred to the Court.|
|Aug 22 2019||Petition DENIED.|
|Aug 22 2019||Application (19A217) denied by the Court.|
Today at SCOTUS: The investiture of Ketanji Brown Jackson, the first Black woman to serve as a justice. Jackson was sworn in over the summer, so the investiture is purely ceremonial. Joe Biden and Kamala Harris reportedly are expected to attend the invite-only event at the court.
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf