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Lance v. Sellers

Petition for certiorari denied on January 7, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
17-1382 11th Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether it was objectively unreasonable for the Georgia Supreme Court to find that no prejudice resulted from the failure of defense counsel to conduct any investigation and to present any mitigating evidence, including readily available and undisputed expert testimony that the defendant suffered from significantly diminished mental capacity constituting dementia at the time of the crime, when these failures deprived the jury of mitigating evidence that was essential to an individualized determination of the defendant’s culpability; and (2) whether prejudice must be presumed in a death penalty case when defense counsel fails to conduct any investigation of potential mitigating evidence, fails to offer any evidence during the penalty phase, and fails to subject the state’s penalty-phase witnesses to any cross-examination, thereby undermining the adversarial system and depriving the defendant and the fact-finder of any meaningful opportunity to conduct an individualized determination of the defendant’s culpability.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 18 2018Application (17A759) granted by Justice Thomas extending the time to file until March 30, 2018.
Jan 18 2018Application (17A759) to extend the time to file a petition for a writ of certiorari from January 29, 2018 to March 30, 2018, submitted to Justice Thomas.
Mar 29 2018Petition for a writ of certiorari filed. (Response due May 2, 2018)
May 02 2018Brief of respondent Eric Sellers, Warden in opposition filed.
May 18 2018Reply of petitioner Donnie Cleveland Lance filed.
May 22 2018DISTRIBUTED for Conference of 6/7/2018.
Jun 01 2018Record Requested.
Jun 07 2018Record received from U.S.C.A. 11th Circuit and U.S.D.C. for the Northern District of Georgia. The record is electronic and available on PACER.
Jun 13 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 18 2018Rescheduled.
Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
Oct 02 2018Rescheduled.
Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 10 2018Rescheduled.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018DISTRIBUTED for Conference of 11/16/2018.
Nov 26 2018DISTRIBUTED for Conference of 11/30/2018.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019Petition DENIED. Justice Sotomayor, with whom Justice Ginsburg and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion)