Salinas v. Texas

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Salinas v. Texas

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RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

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MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-246	Tex. Crim. App.	Apr 17, 2013 Tr.Aud.	Jun 17, 2013	5-4	Alito	OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the co-counsel to the petitioner in this case.

Holding: When petitioner had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer’s question.

Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 17, 2013. Justice Thomas, joined by Justice Scalia, concurred only in the judgment. Justice Breyer filed a dissenting opinion joined by Justice Ginsburg, Justice Sotomayor, and Justice Kagan.

Opinion recap: If you want to claim the Fifth . . . (Lyle Denniston)
Details: Salinas v. Texas (Updated 1:30 PM) (Tejinder Singh)
SCOTUS for law students (sponsored by Bloomberg Law): A right to remain silent, but when does it begin? (Stephen Wermiel)
Argument recap: Reading silence's meaning (Lyle Denniston)
Argument preview: A penalty for silence? (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Aug 24 2012	Petition for a writ of certiorari filed. (Response due September 26, 2012)
Sep 26 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 26 2012	Waiver of right of respondent Texas to respond filed.
Oct 3 2012	DISTRIBUTED for Conference of October 26, 2012.
Oct 10 2012	Response Requested . (Due November 9, 2012)
Nov 14 2012	Order extending time to file response to petition to and including December 10, 2012.
Dec 10 2012	Brief of respondent Texas in opposition filed.
Dec 19 2012	Reply of petitioner Genovevo Salinas filed.
Dec 19 2012	DISTRIBUTED for Conference of January 11, 2013.
Jan 11 2013	Petition GRANTED.
Jan 29 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 29 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 11 2013	SET FOR ARGUMENT ON Wednesday, April 17, 2013
Feb 20 2013	Joint appendix filed. (Statement of costs received.)
Feb 20 2013	Brief of petitioner Genovevo Salinas filed.
Feb 26 2013	Brief amicus curiae of American Civil Liberties Union filed.
Feb 27 2013	Brief amicus curiae of American Board of Criminal Lawyers filed.
Feb 27 2013	Brief amici curiae of Rutherford Institute, et al. filed.
Feb 27 2013	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 6 2013	Brief amicus curiae of Wayne County, Michigan filed. (Distributed)
Mar 8 2013	CIRCULATED.
Mar 11 2013	Record from Court Court of Criminal Appeals of Texas is electronic.
Mar 22 2013	Brief of respondent Texas filed. (Distributed)
Mar 28 2013	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Mar 29 2013	Brief amicus curiae of the United States filed. (Distributed)
Mar 29 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 29 2013	Brief amici curiae of Illinois, et al. filed. (Distributed)
Apr 10 2013	Reply of petitioner Genovevo Salinas filed. (Distributed)
Apr 12 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 17 2013	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Alan K. Curry, Houston, Tex.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 17 2013	Adjudged to be AFFIRMED. Alito, J., announced the judgment of the Court, and delivered an opinion, in which Roberts, C. J., and Kennedy, J., joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 19 2013	Mandate Issued

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73