|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-452||Kan.||Oct 7, 2015||Jan 20, 2016||8-1||Scalia||OT 2015|
Holding: 1) The Eighth Amendment does not require capital-sentencing courts to instruct a jury that mitigating circumstances need not be proved beyond a reasonable doubt. 2) The Constitution did not require severance of joint sentencing proceedings because the contention that the admission of mitigating evidence by one defendant could have "so infected" the jury's consideration of the other defendant's sentence as to amount to a denial of due process does not stand in light of all the evidence presented at the guilty and penalty phases relevant to the jury's sentencing determination.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Scalia on January 20, 2016. Justice Sotomayor filed a dissenting opinion.
|Date||Proceedings and Orders |
|Oct 16 2014||Petition for a writ of certiorari filed. (Response due November 19, 2014)|
|Dec 2 2014||Order extending time to file response to petition to and including December 19, 2014.|
|Dec 19 2014||Brief of respondent Sidney J. Gleason in opposition filed.|
|Dec 19 2014||Motion for leave to proceed in forma pauperis filed by respondent Sidney J. Gleason.|
|Dec 30 2014||Reply of petitioner Kansas filed.|
|Jan 7 2015||DISTRIBUTED for Conference of January 23, 2015.|
|Feb 9 2015||DISTRIBUTED for Conference of February 20, 2015.|
|Feb 23 2015||DISTRIBUTED for Conference of February 27, 2015.|
|Mar 2 2015||DISTRIBUTED for Conference of March 6, 2015.|
|Mar 9 2015||DISTRIBUTED for Conference of March 20, 2015.|
|Mar 23 2015||DISTRIBUTED for Conference of March 27, 2015.|
|Mar 30 2015||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Mar 30 2015||Petition GRANTED.|
|Apr 13 2015||Consent to the filing of amicus curiae briefs in support of either party or of neither party recieved from counsel for the petitioner.|
|Apr 21 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 8, 2015.|
|Apr 21 2015||The time to file respondent's brief on the merits is extended to and including August 3, 2015.|
|Jun 8 2015||Joint appendix filed. (Statement of costs filed)|
|Jun 8 2015||Brief of petitioner Kansas filed.|
|Jun 11 2015||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Jun 12 2015||Brief amici curiae of Criminal Justice Legal Foundation, et al. VIDED (See 14-449 & 14-450) filed.|
|Jun 19 2015||Motion for scheduling of argument and for divided argument filed by respondents in Nos. 14-449, 14-450 & 14-452. VIDED.|
|Jun 29 2015||Motion for scheduling of argument and for divided argument filed by respondents in Nos. 14-449, 14-450 & 14-452 GRANTED. VIDED|
|Jun 29 2015||Upon consideration of the joint motion of respondents for scheduling of argument and for divided argument, and of the motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument in Nos. 14- 449 and 14-450, the following allocation of oral argument time is adopted. A total of one hour is allocated for oral argument in No. 14-452, and on Question 1 in Nos. 14-449 and 14-450, to be divided as follows: 30 minutes for petitioner, 20 minutes for respondents Jonathan D. Carr and Sidney J. Gleason, and 10 minutes for respondent Reginald D. Carr. A total of one hour is allocated for oral argument on Question 2 in Nos. 14-449 and 14-450, to be divided as follows: 20 minutes for petitioner, 10 minutes for the Solicitor General, 20 minutes for respondent Reginald D. Carr, and 10 minutes for respondent Jonathan D. Carr. VIDED|
|Jul 29 2015||SET FOR ARGUMENT on Wednesday, October 7, 2015.|
|Aug 3 2015||Brief of respondent Sidney J. Gleason filed.|
|Aug 7 2015||CIRCULATED.|
|Aug 12 2015||Record requested from the Supreme Court of Kansas.|
|Sep 2 2015||Reply of petitioner Kansas (on mitigation instruction question arguments of respondent Gleason, and respondents in 14-449 & 14-450) filed. (Distributed)|
|Sep 17 2015||Record received from the Supreme Court of Kansas. (1 Box). part of the record is electronic.|
|Oct 1 2015||Letter from counsel for petitioner filed. (Distributed)|
|Oct 7 2015||Argued (Burden Question). For petitioner: Derek L. Schmidt, Attorney General, Topeka, Kan. For respondent in 14-452 & 14-449: Jeffrey T. Green, Washington, D. C. For respondent in 14-450: Neal K. Katyal, Washington, D. C. VIDED|
|Jan 20 2016||Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion. (Opinion also for Nos. 14-449 & 14-450)|
|Feb 23 2016||Judgment Issued|
|Feb 23 2016||Mandate Issued|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."