|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).
|Date||Proceedings and Orders |
|Jun 18 2014||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2014)|
|Jul 18 2014||Order extending time to file response to petition to and including August 20, 2014.|
|Aug 1 2014||Order further extending time to file response to petition to and including September 19, 2019.|
|Sep 19 2014||Brief of respondent United States in opposition filed.|
|Oct 9 2014||DISTRIBUTED for Conference of October 31, 2014.|
|Nov 3 2014||DISTRIBUTED for Conference of November 7, 2014.|
|Nov 10 2014||DISTRIBUTED for Conference of November 14, 2014.|
|Nov 17 2014||DISTRIBUTED for Conference of November 25, 2014.|
|Dec 1 2014||Petition 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)|
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