|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-8035||5th Cir.||N/A||N/A||N/A||N/A||OT 2014|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case.
Issue: (1) Whether it is error to deny a habeas petitioner a certificate of appealability in a case in which the state supreme court was divided and another federal court of appeals would recognize his claim; and (2) whether the fact that the prosecutor did not expand the sentence to which the defendant was exposed prohibits a finding of prosecutorial vindictiveness.
|Date||Proceedings and Orders |
|Jan 20 2015||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2015)|
|Feb 23 2015||Order extending time to file response to petition to and including March 18, 2015.|
|Mar 18 2015||Brief of respondents Marshall L. Fisher, Commissioner, Mississippi Department of Corrections, et al. in opposition filed.|
|Apr 2 2015||DISTRIBUTED for Conference of April 17, 2015.|
|Apr 2 2015||Reply of petitioner Richard Gerald Jordan filed. (Distributed)|
|Apr 17 2015||Record Requested .|
|Apr 17 2015||Record received from the U.S.C.A. 5th Circuit. The record is electronic.|
|Apr 20 2015||DISTRIBUTED for Conference of April 24, 2015.|
|Apr 20 2015||Record received from the U.S.D.C. for the Southern District of Mississippi. The record is electronic.|
|Apr 22 2015||Record received from Mississippi State Courts (4 boxes).|
|Apr 27 2015||DISTRIBUTED for Conference of May 1, 2015.|
|May 4 2015||DISTRIBUTED for Conference of May 14, 2015.|
|May 18 2015||DISTRIBUTED for Conference of May 21, 2015.|
|May 26 2015||DISTRIBUTED for Conference of May 28, 2015.|
|Jun 1 2015||DISTRIBUTED for Conference of June 4, 2015.|
|Jun 8 2015||DISTRIBUTED for Conference of June 11, 2015.|
|Jun 15 2015||DISTRIBUTED for Conference of June 18, 2015.|
|Jun 22 2015||DISTRIBUTED for Conference of June 25, 2015.|
|Jun 29 2015||Petition DENIED Justice Sotomayor, with whom Justice Ginsburg and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion)|
|Jul 30 2015||Records for the Southern Dist. of Mississippi, has been returned.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 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).
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