Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

Nassau County District Attorney’s Office v. Orlando

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-1421 2d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the court of appeals violated the deferential review requirements of 28 U.S.C. § 2254(d) by setting aside a state murder conviction based on its de novo analysis of a confrontation claim without fulfilling its obligation to consider the arguments supporting the state court’s denial of the claim or whether fairminded jurists could agree with the state court’s conclusions; (2) whether the court of appeals misapplied the Supreme Court’s holdings in Bruton v. United States and Tennessee v. Street, and violated Teague v. Lane, by granting habeas relief based on a new rule of law, when it held that the constitutional guarantee of confrontation precludes the admission of inculpatory accomplice statements—even if not admitted for their truth and accompanied by limiting instructions—unless the defendant has testified and the state refrains from referencing the accomplice statements in any manner or expressly disavows the truth of the statements; and (3) whether the court of appeals erred in determining that the state court’s failure to follow its new confrontation rule constituted an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States, when the Supreme Court has never promulgated the new confrontation rule announced by the U.S. Court of Appeals for the 2nd Circuit.

DateProceedings and Orders (key to color coding)
May 08 2019Petition for a writ of certiorari filed. (Response due June 13, 2019)
Jun 11 2019Waiver of right of respondent Mark Orlando to respond filed.
Jun 12 2019DISTRIBUTED for Conference of 10/1/2019.
Jul 24 2019Response Requested. (Due August 23, 2019)
Aug 20 2019Motion for leave to proceed in forma pauperis filed by respondent Mark Orlando.
Aug 20 2019Brief of respondent Mark Orlando in opposition filed.
Sep 04 2019DISTRIBUTED for Conference of 10/1/2019.
Sep 18 2019Reply of petitioner Nassau County District Attorney's Office filed. (Distributed)
Sep 26 2019Rescheduled.
Oct 07 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 08 2019Rescheduled.
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 17 2019Rescheduled.
Oct 28 2019DISTRIBUTED for Conference of 11/1/2019.
Oct 30 2019Rescheduled.
Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 06 2019Rescheduled.
Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 13 2019Rescheduled.
Nov 18 2019DISTRIBUTED for Conference of 11/22/2019.
Nov 20 2019Rescheduled.
Dec 02 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 03 2019Rescheduled.
Dec 09 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 09 2019Rescheduled.
Jan 06 2020DISTRIBUTED for Conference of 1/10/2020.
Jan 08 2020Rescheduled.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 16 2020Rescheduled.
 
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