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Tharpe v. Ford

Petition for certiorari denied on March 18, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-6819 11th Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether Pena-Rodriguez v. Colorado applies retroactively to cases on collateral review; and (2) whether the U.S. Court of Appeals for the 11th Circuit erred in concluding that no reasonable jurist could debate whether petitioner’s colorable claim – that his death sentence is invalid because a juror voted to impose it based on petitioner’s race – together with the Supreme Court’s intervening decision in Pena-Rodriguez constitute extraordinary circumstances under Federal Rule of Civil Procedure 60(b) that would warrant reopening petitioner’s federal habeas proceeding to address the merits of that claim.

DateProceedings and Orders (key to color coding)
Oct 09 2018Application (18A389) to extend the time to file a petition for a writ of certiorari from November 8, 2018 to November 22, 2018, submitted to Justice Thomas.
Oct 11 2018Application (18A389) granted by Justice Thomas extending the time to file until November 22, 2018.
Nov 21 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)
Dec 20 2018Amicus brief of NAACP Legal Defense & Educational Fund, Inc. not accepted for filing. (December 20, 2018)(Corrected version submitted)
Dec 20 2018Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (12/212018)
Dec 20 2018Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
Dec 27 2018Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2019.
Jan 25 2019Brief of respondent Benjamin Ford in opposition filed.
Feb 04 2019Notice of substitution of counsel of record of Keith Tharpe not accepted for filing. (February 04, 2019 -- Document not of the type that is to be filed electronically)
Feb 08 2019Reply of petitioner Keith Tharpe filed.
Feb 14 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)