|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-7277||4th Cir.||N/A||N/A||N/A||N/A||OT 2018|
Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
|Date||Proceedings and Orders |
|Nov 20 2018||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)|
|Jan 17 2019||Waiver of right of respondent Joseph McFadden to respond filed.|
|Jan 31 2019||DISTRIBUTED for Conference of 2/15/2019.|
|Feb 11 2019||Response Requested. (Due March 13, 2019)|
|Feb 11 2019||Record Requested.|
|Feb 12 2019||Record received from the USCA-4th Circuit. The record is available on PACER.|
|Feb 13 2019||Record received from the USDC-SC. One restricted item was transmitted electronically, and the remainder of the record is available on PACER.|
|Mar 13 2019||Brief of respondent Joseph McFadden in opposition filed.|
|Mar 28 2019||DISTRIBUTED for Conference of 4/12/2019.|
|Apr 15 2019||DISTRIBUTED for Conference of 4/18/2019.|
|Apr 22 2019||DISTRIBUTED for Conference of 4/26/2019.|
|May 06 2019||DISTRIBUTED for Conference of 5/9/2019.|
|May 13 2019||DISTRIBUTED for Conference of 5/16/2019.|
|May 20 2019||DISTRIBUTED for Conference of 5/23/2019.|
|May 28 2019||DISTRIBUTED for Conference of 5/30/2019.|
|Jun 03 2019||DISTRIBUTED for Conference of 6/6/2019.|
|Jun 10 2019||DISTRIBUTED for Conference of 6/13/2019.|
|Jun 17 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 26 2019||DISTRIBUTED for Conference of 6/27/2019.|
|Jun 28 2019||Petition DENIED. Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)|
|Jul 16 2019||Petition for Rehearing filed.|
|Aug 14 2019||DISTRIBUTED for Conference of 10/1/2019.|
|Oct 07 2019||Rehearing DENIED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).