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Tharpe v. Sellers

Docket No. Op. Below Argument Opinion Vote Author Term
17-6075 11th Cir. Not Argued Jan 8, 2018 n/a Per Curiam OT 2017

Holding: On the unusual facts of this case, the court of appeals should not have rested its review of Keith Tharpe’s application for a certificate of appealability on the ground that it was indisputable among reasonable jurists that Barney Gattie’s service on the jury did not prejudice Tharpe.

Judgment: Vacated and remanded in a per curiam opinion on January 8, 2018. Justice Thomas filed a dissenting opinion, in which Justices Alito and Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 23 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)
Sep 23 2017Application (17A330) for a stay of execution of sentence of death, submitted to Justice Thomas.
Sep 26 2017Brief of respondent Eric Sellers, Warden in opposition filed.
Sep 26 2017Application (17A330) referred to the Court.
Sep 26 2017Reply of petitioner Keith Tharpe filed.
Sep 26 2017Application (17A330) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 23 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 30 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 27 2017DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017DISTRIBUTED for Conference of 12/8/2017.
Dec 26 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED. Opinion per curiam. (Detached Opinion). Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting. (Detached Opinion).