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Shinn v. Ramirez

Docket No. Op. Below Argument Opinion Vote Author Term
20-1009 9th Cir. Dec 8, 2021 May 23, 2022 6-3 Thomas OT 2021

Holding: Under 28 U.S.C. § 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state court record based on the ineffective assistance of state postconviction counsel.

Judgment: Reversed, 6-3, in an opinion by Justice Thomas on May 23, 2022. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

DateProceedings and Orders (key to color coding)
Jan 20 2021Petition for a writ of certiorari filed. (Response due February 26, 2021)
Feb 17 2021Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
Feb 18 2021Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
Feb 26 2021Brief amici curiae of The States of Texas, Alabama, Arkansas, Florida, Indiana, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oregon, South Carolina, and Utah filed.
Mar 29 2021Brief of respondent David Martinez Ramirez in opposition filed.
Apr 14 2021DISTRIBUTED for Conference of 4/30/2021.
Apr 16 2021Reply of petitioners David Shinn, et al. filed. (Distributed)
May 10 2021DISTRIBUTED for Conference of 5/13/2021.
May 17 2021Petition GRANTED.
May 25 2021Motion for an extension of time to file the briefs on the merits filed.
Jun 08 2021The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2021. The time to file respondents' brief on the merits is extended to and including September 13, 2021.
Jun 10 2021Blanket Consent filed by Petitioner, David Shinn, et al.
Jun 10 2021Blanket Consent filed by Respondent, David Martinez Ramirez
Jul 14 2021Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan.
Jul 15 2021Brief of petitioners David Shinn, et al. filed.
Jul 15 2021Joint appendix filed. (Statement of cost received)
Jul 22 2021Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
Jul 22 2021Brief amici curiae of The States of Texas, et al. filed.
Jul 22 2021Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jul 23 2021Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits.
Aug 16 2021ARGUMENT SET FOR Monday, November 1, 2021.
Sep 01 2021Record requested from the U.S.C.A. 9th Circuit.
Sep 13 2021Brief of respondents David Martinez Ramirez & Barry Lee Jones filed.
Sep 20 2021Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed)
Sep 20 2021Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed)
Sep 20 2021Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed)
Sep 20 2021Brief amicus curiae of The Innocence Network filed. (Distributed)
Sep 20 2021Brief amici curiae of Habeas Scholars filed. (Distributed)
Sep 20 2021Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed)
Sep 20 2021Brief amicus curiae of American Bar Association filed. (Distributed)
Sep 20 2021Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed)
Sep 20 2021Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21.
Sep 21 2021CIRCULATED
Oct 13 2021Reply of petitioners David Shinn, et al. filed. (Distributed)
Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 22 2021REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling.
Oct 26 2021ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021
Nov 03 2021The record from the U.S.D.C. District of Arizona is electronic and located on Pacer. Also sent is one box of state court records from the Arizona Supreme Court containing 41 documents and one Sealed envelope.
Dec 08 2021Argued. For petitioner: Brunn W. Roysden, III, Solicitor General, Phoenix, Ariz. For respondents: Robert M. Loeb, Washington, D. C.
May 23 2022Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
Jun 03 2022Motion to modify opinion filed by respondents.
Jun 13 2022Response to motion to modify opinion filed by petitioner.
Jun 21 2022Motion DISTRIBUTED for Conference of 6/23/2022.
Jun 27 2022Motion of respondents to modify opinion issued on May 23, 2022 DENIED.
Jun 29 2022JUDGMENT ISSUED