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.

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Court issues orders, but no grants, from November 3 conference (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jun 06 2017	Petition for a writ of certiorari filed. (Response due July 10, 2017)
Jul 06 2017	Brief of respondent Michael Daniel Cuero in opposition filed.
Jul 06 2017	Motion for leave to proceed in forma pauperis filed by respondent Michael Daniel Cuero.
Jul 24 2017	Reply of petitioner Scott Kernan, Secretary, California Department of Corrections and Rehabilitation filed.
Jul 26 2017	DISTRIBUTED for Conference of September 25, 2017.
Sep 05 2017	Record Requested.
Sep 05 2017	Record received from the U.S.C.A. 9th Circuit. The record is electronic.
Oct 02 2017	DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017	DISTRIBUTED for Conference of 10/13/2017.
Oct 23 2017	DISTRIBUTED for Conference of 10/27/2017.
Oct 30 2017	DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017	Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 06 2017	Petition for certiorari GRANTED, Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion).
Nov 15 2017	Petition for Rehearing filed.
Nov 29 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018	Rehearing DENIED.
Jan 09 2018	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Kernan v. Cuero

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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