Mathena v. Malvo
Petition dismissed pursuant Rule 46 on February 26, 2020
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-217 | 4th Cir. | Oct 16, 2019 | TBD | TBD | TBD | OT 2019 |
Issue: Whether the U.S. Court of Appeals for the 4th Circuit erred in concluding"in direct conflict with Virginia"s highest court and other courts"that a decision of the Supreme Court, Montgomery v. Louisiana, addressing whether a new constitutional rule announced in an earlier decision, Miller v. Alabama, applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question.
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| Date | Proceedings and Orders |
|---|---|
| 08/16/2018 | Petition for a writ of certiorari filed. (Response due September 19, 2018) |
| 08/31/2018 | Motion to extend the time to file a response from September 19, 2018 to October 19, 2018, submitted to The Clerk. |
| 08/31/2018 | Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2018 |
| 09/18/2018 | Brief amicus curiae of Maryland Crime Victims' Resource Center, Inc. filed. |
| 10/19/2018 | Brief of respondent Lee Boyd Malvo in opposition filed. |
| 10/30/2018 | Reply of petitioner Randall Mathena filed. |
| 11/07/2018 | DISTRIBUTED for Conference of 11/30/2018. |
| 11/29/2018 | Rescheduled. |
| 12/03/2018 | DISTRIBUTED for Conference of 12/7/2018. |
| 12/20/2018 | DISTRIBUTED for Conference of 1/4/2019. |
| 01/07/2019 | DISTRIBUTED for Conference of 1/11/2019. |
| 01/14/2019 | DISTRIBUTED for Conference of 1/18/2019. |
| 02/04/2019 | DISTRIBUTED for Conference of 2/15/2019. |
| 02/19/2019 | DISTRIBUTED for Conference of 2/22/2019. |
| 02/25/2019 | DISTRIBUTED for Conference of 3/1/2019. |
| 03/11/2019 | DISTRIBUTED for Conference of 3/15/2019. |
| 03/18/2019 | Petition GRANTED. |
| 03/19/2019 | Blanket Consent filed by Petitioner, Randall Mathena. |
| 03/20/2019 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/03/2019 | Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2019. The time to file respondent's brief on the merits is extended to and including August 20, 2019. |
| 06/11/2019 | Joint appendix filed. (Statement of costs filed) |
| 06/11/2019 | Brief of petitioner Randall Mathena filed. |
| 06/18/2019 | Brief amici curiae of States of Indiana, Alabama, Arkansas, Florida, Georgia, Idaho, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming filed. |
| 06/18/2019 | Brief amicus curiae of United States filed. |
| 06/18/2019 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. |
| 06/18/2019 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| 06/18/2019 | Brief amicus curiae of Maryland Crime Victims' Resource Center, Inc. filed. |
| 07/01/2019 | SET FOR ARGUMENT on Wednesday, October 16, 2019. |
| 07/17/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/01/2019 | CIRCULATED |
| 08/16/2019 | Record requested from the U.S.C.A. 4th Circuit. |
| 08/20/2019 | Brief of respondent Lee Boyd Malvo filed. (Distributed) |
| 08/27/2019 | Brief amici curiae of Isa Nichols, et al. filed. (Distributed) |
| 08/27/2019 | Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed. (Distributed) |
| 08/27/2019 | Brief amici curiae of David I. Bruck, et al. filed. (Distributed) |
| 08/27/2019 | Brief amici curiae of Former WV Delegate John Ellem, et al. filed. (Distributed) |
| 08/27/2019 | Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed) |
| 08/27/2019 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 08/27/2019 | Brief amici curiae of Juvenile Law Center, et al. filed. (Distributed) |
| 08/28/2019 | Record located on PACER (U.S.D.C. Eastern District of Virginia and U.S.C.A. 4th Circuit). Sealed record received from the District Court (4 boxes). |
| 09/11/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 09/19/2019 | Reply of petitioner Randall Mathena filed. (Distributed) |
| 10/16/2019 | Argued. For petitioner: Toby J. Heytens, Solicitor General, Richmond, Va.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Danielle Spinelli, Washington, D. C. |
| 02/24/2020 | Stipulation of Dismissal Under Rule 46.1 filed. |
| 02/26/2020 | Petition Dismissed - Rule 46. |
| 08/02/2021 | Record returned to U.S.D.C. Eastern District of Virginia (4 boxes). |