|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|
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