|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-606||Colo.||Oct 11, 2016||Mar 6, 2017||5-3||Kennedy||OT 2016|
Holding: When a juror makes a clear statement indicating that he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror's statement and any resulting denial of the jury trial guarantee.
Judgment: Reversed and remanded, 5-3, in an opinion by Justice Kennedy on March 6, 2017. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined.
|Date||Proceedings and Orders |
|Aug 31 2015||Application (15A265) to extend the time to file a petition for a writ of certiorari from September 13, 2015 to November 12, 2015, submitted to Justice Sotomayor.|
|Sep 10 2015||Application (15A265) granted by Justice Sotomayor extending the time to file until November 12, 2015.|
|Nov 10 2015||Petition for a writ of certiorari filed. (Response due December 10, 2015)|
|Nov 12 2015||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Nov 13 2015||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Nov 16 2015||Waiver of right of respondent Colorado to respond filed.|
|Dec 02 2015||DISTRIBUTED for Conference of January 8, 2016.|
|Dec 08 2015||Response Requested.(Due January 7, 2016)|
|Dec 08 2015||Brief amicus curiae of National Congress of American Indians filed.|
|Dec 10 2015||Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.|
|Dec 10 2015||Brief amici curiae of Professors of Law filed.|
|Dec 10 2015||Brief amicus curiae of Center on the Administration of Criminal Law filed.|
|Dec 21 2015||Order extending time to file response to petition to and including February 19, 2016.|
|Jan 07 2016||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jan 07 2016||Brief amici curiae of Retired Judges filed.|
|Feb 19 2016||Brief of respondent Colorado in opposition filed.|
|Mar 07 2016||Reply of petitioner Miguel Angel Pena-Rodriguez filed.|
|Mar 09 2016||DISTRIBUTED for Conference of March 25, 2016.|
|Mar 28 2016||DISTRIBUTED for Conference of April 1, 2016.|
|Apr 04 2016||Petition GRANTED.|
|Apr 22 2016||The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 23, 2016.|
|Apr 22 2016||The time to file respondent's brief on the merits is extended to and including August 29, 2016.|
|May 04 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|May 11 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Jun 23 2016||Joint appendix filed. (Statement of costs filed.)|
|Jun 23 2016||Brief of petitioner Miguel Angel Pena-Rodriguez filed.|
|Jun 24 2016||Brief amicus curiae of The United Mexican States filed.|
|Jun 30 2016||Brief amicus curiae of Constitutional Accountability Center filed.|
|Jun 30 2016||Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed.|
|Jun 30 2016||Brief amicus curiae of National Association of Federal Defenders filed.|
|Jun 30 2016||Brief amici curiae of Professors of Law filed.|
|Jun 30 2016||Brief amicus curiae of Professor Cedric Merlin Powell filed.|
|Jun 30 2016||Brief amici curiae of the Hispanic National Bar Association, et al. filed.|
|Jun 30 2016||Brief amicus curiae of Center on the Administration of Criminal Law filed.|
|Jul 13 2016||SET FOR ARGUMENT on Tuesday, October 11, 2016.|
|Jul 22 2016||Record requested from the Supreme Court of Colorado.|
|Aug 19 2016||CIRCULATED.|
|Aug 29 2016||Brief of respondent Colorado filed. (Distributed)|
|Sep 06 2016||Brief amicus curiae of United States filed. (Distributed)|
|Sep 06 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Sep 06 2016||Brief amicus curiae of Colorado District Attorneys' Council filed. (Distributed)|
|Sep 06 2016||Brief amici curiae of Indiana, et al. filed. (Distributed)|
|Sep 06 2016||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Sep 14 2016||Record received from the Supreme Court of Colorado. 1 Envelope partially SEALED and electronic.|
|Sep 19 2016||Reply of petitioner Miguel Angel Pena-Rodriguez filed. (Distributed)|
|Sep 26 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 11 2016||Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Frederick R. Yarger, Solicitor General, Denver, Colo.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Mar 06 2017||Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J. and Thomas, J., joined.|
|Apr 07 2017||JUDGMENT ISSUED.|
|Apr 07 2017||MANDATE ISSUED.|
|Aug 07 2017||Record from the Supreme Court of Colorado has been returned.|
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