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Joseph v. United States

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Petition for certiorari denied on December 1, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-10639 11th Cir. N/A N/A N/A N/A OT 2014

Issue: Whether the Court should overturn the Eleventh Circuit’s “appellate procedural default” rule, which categorically prohibits the Eleventh Circuit from considering the merits of issues not raised in an appellant’s opening brief – under any standard of review – and as applied in criminal cases contravenes the retroactivity principle of Griffith v. Kentucky, and conflicts with the rules applied in every other circuit (all of which accord at least some form of merits review, where as here, the new issue is raised for the first time on appeal).

DateProceedings and Orders (key to color coding)
Jun 18 2014Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2014)
Jul 18 2014Order extending time to file response to petition to and including August 20, 2014.
Aug 1 2014Order further extending time to file response to petition to and including September 19, 2019.
Sep 19 2014Brief of respondent United States in opposition filed.
Oct 9 2014DISTRIBUTED for Conference of October 31, 2014.
Nov 3 2014DISTRIBUTED for Conference of November 7, 2014.
Nov 10 2014DISTRIBUTED for Conference of November 14, 2014.
Nov 17 2014DISTRIBUTED for Conference of November 25, 2014.
Dec 1 2014Petition DENIED Justice Kennedy and Justice Sotomayor would grant the petition for a writ of certiorari. Statement of Justice Kagan, with whom Justice Ginsburg and Justice Breyer join, respecting the denial of certiorari. (Detached Opinion)