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Kernan v. Cuero

Docket No. Op. Below Argument Opinion Vote Author Term
16-1468 9th Cir. Not Argued Nov 6, 2017 n/a Per Curiam OT 2017

Holding: The U.S. Court of Appeals erred when it held that “federal law” as interpreted by the Supreme Court “clearly” establishes that specific performance of the lower sentence that the parties had originally expected is constitutionally required.

Judgment: Reversed and remanded in a per curiam opinion on November 6, 2017.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 06 2017Petition for a writ of certiorari filed. (Response due July 10, 2017)
Jul 06 2017Brief of respondent Michael Daniel Cuero in opposition filed.
Jul 06 2017Motion for leave to proceed in forma pauperis filed by respondent Michael Daniel Cuero.
Jul 24 2017Reply of petitioner Scott Kernan, Secretary, California Department of Corrections and Rehabilitation filed.
Jul 26 2017DISTRIBUTED for Conference of September 25, 2017.
Sep 05 2017Record Requested.
Sep 05 2017Record received from the U.S.C.A. 9th Circuit. The record is electronic.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 23 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 30 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 06 2017Petition for certiorari GRANTED, Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion).
Nov 15 2017Petition for Rehearing filed.
Nov 29 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018Rehearing DENIED.