Pena-Rodriguez v. Colorado
| 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.
SCOTUSblog Coverage
- Opinion analysis: Divided court rules for defendant in juror-bias case (Amy Howe, March 6, 2017)
- Argument analysis: Court poised to strike down state ruling barring evidence of juror bias? (Amy Howe, October 11, 2016)
- Argument preview: Justices to consider racial bias in jury deliberations (Amy Howe, October 5, 2016)
- Court to rule on challenge to juror bias (Lyle Denniston, April 4, 2016)
| 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. |
