|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-7211||5th Cir. _||Oct 15, 2015||Jan 14, 2015||6-3||Scalia||OT 2014|
Holding: A prisoner who sought federal habeas relief based on three theories of ineffective assistance of counsel and prevailed in the district court on two of them is not required to file a cross-appeal or seek a certificate of appealability on the third theory to rely on it as part of his defense against the state’s appeal.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Scalia on January 14, 2015. Justice Thomas filed a dissenting opinion, in which Justice Kennedy and Justice Alito joined.
|Date||Proceedings and Orders |
|Oct 28 2013||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2013)|
|Dec 5 2013||Order extending time to file response to petition to and including January 3, 2014.|
|Dec 26 2013||Order further extending time to file response to petition to and including February 3, 2014.|
|Feb 3 2014||Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.|
|Feb 20 2014||DISTRIBUTED for Conference of March 7, 2014.|
|Mar 10 2014||DISTRIBUTED for Conference of March 21, 2014.|
|Mar 24 2014||Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 4 presented by the petition.|
|Apr 1 2014||Motion to appoint counsel filed by petitioner Robert Mitchell Jennings.|
|Apr 14 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2014.|
|Apr 14 2014||The time to file respondent's brief on the merits is extended to and including August 12, 2014.|
|Apr 16 2014||Motion DISTRIBUTED for Conference of May 2, 2014.|
|May 5 2014||Motion to appoint counsel filed by petitioner GRANTED. Randolph L. Schaffer, Jr., Esquire, of Houston, Texas is appointed to serve as counsel for the petitioner in this case|
|Jun 6 2014||Joint appendix filed. (Statement of costs filed)|
|Jun 6 2014||Brief of petitioner Robert Mitchell Jennings filed.|
|Jun 17 2014||Brief amicus curiae of Criminal Justice Legal Foundation in support of neither party filed.|
|Jul 9 2014||Record requested from U.S.C.A. 5th Circuit.|
|Jul 18 2014||SET FOR ARGUMENT ON Wednesday, October 15, 2014|
|Jul 22 2014||Record received from U.S.C.A. 5th Circuit is electronic and located on PACER.|
|Jul 29 2014||Record received from U.S.D.C. Southern District of Texas Houston Division. (2 - Box)|
|Aug 12 2014||Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed.|
|Aug 14 2014||CIRCULATED.|
|Sep 11 2014||Reply of petitioner Robert Mitchell Jennings filed. (Distributed)|
|Oct 15 2014||Argued. For petitioner: Randolph L. Schaffer, Jr., Houston, Tex. For respondent: Andrew S. Oldham, Deputy Solicitor General, Austin, Tex.|
|Jan 14 2015||Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined.|
|Feb 18 2015||JUDGMENT ISSUED.|
|Feb 20 2015||Record returned to U.S.D.C. Southern District of Texas Houston Division. 2 Boxes.|
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/scotusblog/status/1438530948207874050
💥 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).
Can modern art shed new light on landmark Supreme Court rulings? A recent book says yes. Artist Xavier Cortada created 10 paintings depicting SCOTUS cases, and scholars used the paintings to re-examine each case's legacy. Here's @amanda_frost1's review:
The art of justice: Re-examining landmark Supreme Court cases through expressionist paintings - SCOTUSblog
Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Consti...
NEW: The Senate Judiciary Committee will hold a hearing tomorrow on Biden's nomination of Elizabeth Prelogar to be solicitor general, the federal government's top lawyer at the Supreme Court.
In separate remarks on Sunday, two justices argued that SCOTUS is not a political body.
Justice Barrett did so in a speech in Kentucky, after being introduced by Mitch McConnell:
Justice Breyer did so in an interview on Fox News: https://www.foxnews.com/politics/supreme-court-justice-stephen-breyer-political-reforms
Barrett concerned about public perception of Supreme Court
LOUISVILLE, Ky. (AP) — Supreme Court Justice Amy Coney Barrett expressed concerns Sunday that the public may incre...
SCOTUS provides instructions to the parties in the case of John Ramirez, the death-row inmate who has requested that his pastor be permitted to lay hands on him and pray out loud in the death chamber.
#SCOTUS issued a Friday-night order outlining specific questions for inmate John Ramirez & Texas to address in their briefing in his case, which is scheduled for argument in November. The Court put Ramirez's execution on hold earlier this week: https://www.supremecourt.gov/orders/courtorders/091021zr_ap6c.pdf