Jennings v. Stephens

Docket No. Op. Below Argument Opinion Vote Author Term
13-7211 5th Cir. _ Oct 15, 2015
Tr.Aud. 		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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 28 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2013)
Dec 5 2013Order extending time to file response to petition to and including January 3, 2014.
Dec 26 2013Order further extending time to file response to petition to and including February 3, 2014.
Feb 3 2014Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Feb 20 2014DISTRIBUTED for Conference of March 7, 2014.
Mar 10 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 24 2014Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 4 presented by the petition.
Apr 1 2014Motion to appoint counsel filed by petitioner Robert Mitchell Jennings.
Apr 14 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2014.
Apr 14 2014The time to file respondent's brief on the merits is extended to and including August 12, 2014.
Apr 16 2014Motion DISTRIBUTED for Conference of May 2, 2014.
May 5 2014Motion 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 2014Joint appendix filed. (Statement of costs filed)
Jun 6 2014Brief of petitioner Robert Mitchell Jennings filed.
Jun 17 2014Brief amicus curiae of Criminal Justice Legal Foundation in support of neither party filed.
Jul 9 2014Record requested from U.S.C.A. 5th Circuit.
Jul 18 2014SET FOR ARGUMENT ON Wednesday, October 15, 2014
Jul 22 2014Record received from U.S.C.A. 5th Circuit is electronic and located on PACER.
Jul 29 2014Record received from U.S.D.C. Southern District of Texas Houston Division. (2 - Box)
Aug 12 2014Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed.
Aug 14 2014CIRCULATED.
Sep 11 2014Reply of petitioner Robert Mitchell Jennings filed. (Distributed)
Oct 15 2014Argued. For petitioner: Randolph L. Schaffer, Jr., Houston, Tex. For respondent: Andrew S. Oldham, Deputy Solicitor General, Austin, Tex.
Jan 14 2015Judgment 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 2015JUDGMENT ISSUED.
Feb 20 2015Record returned to U.S.D.C. Southern District of Texas Houston Division. 2 Boxes.
 
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