| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-789 | 9th Cir. | Not Argued | May 31, 2016 | n/a | Per Curiam | OT 2015 |
Holding: Under California’s “Dixon bar," a defendant procedurally defaults a claim raised for the first time on state collateral review if he could have raised it earlier on direct appeal. Because that bar is longstanding, oft-cited, and shared by habeas courts across the nation, the Ninth Circuit's holding that the bar is inadequate to preclude federal habeas review is reversed.
Judgment: Summarily reversed and remanded in a per curiam opinion on May 31, 2016.
| Date | Proceedings and Orders |
|---|---|
| Nov 2 2015 | Application (15A484) to extend the time to file a petition for a writ of certiorari from November 15, 2015 to December 15, 2015, submitted to Justice Kennedy. |
| Nov 5 2015 | Application (15A484) granted by Justice Kennedy extending the time to file until December 15, 2015. |
| Dec 15 2015 | Petition for a writ of certiorari filed. (Response due January 19, 2016) |
| Jan 15 2016 | Order extending time to file response to petition to and including February 18, 2016. |
| Jan 19 2016 | Brief amici curiae of Alabama, et al. filed. |
| Jan 19 2016 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Feb 11 2016 | Order further extending time to file response to petition to and including March 21, 2016. |
| Mar 17 2016 | Brief of respondent Donna Kay Lee in opposition filed. |
| Mar 17 2016 | Motion for leave to proceed in forma pauperis filed by respondent Donna Kay Lee. |
| Apr 4 2016 | Reply of petitioner Deborah K. Johnson, Warden filed. |
| Apr 6 2016 | DISTRIBUTED for Conference of April 22, 2016. |
| Apr 25 2016 | DISTRIBUTED for Conference of April 29, 2016. |
| May 9 2016 | DISTRIBUTED for Conference of May 12, 2016. |
| May 16 2016 | DISTRIBUTED for Conference of May 19, 2016. |
| May 23 2016 | DISTRIBUTED for Conference of May 26, 2016. |
| May 31 2016 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| May 31 2016 | Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion) |
| Jul 5 2016 | JUDGMENT ISSUED |
