|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-10189||5th Cir.||May 28, 2013||5-4||Breyer||OT 2012|
Holding: When, as here, a state’s procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. Ryan applies.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Breyer on May 28, 2013. The Chief Justice filed a dissenting opinion in which Justice Alito joined. Justice Scalia filed a dissenting opinion in which Justice Thomas joined.
|Date||Proceedings and Orders |
|Apr 30 2012||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2012)|
|Jun 5 2012||Order extending time to file response to petition to and including August 6, 2012.|
|Jun 6 2012||Brief amici curiae of Former Federal Judges filed.|
|Aug 6 2012||Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.|
|Aug 16 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Aug 30 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Sep 1 2012||Reply of petitioner Carlos Trevino filed. (Distributed)|
|Oct 11 2012||DISTRIBUTED for Conference of October 26, 2012.|
|Oct 29 2012||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.|
|Dec 6 2012||Consent to the fiiing of amicus curiae briefs , in support of either party or of neither party, received from counsel for the respondents.|
|Dec 13 2012||Joint appendix filed. (Statement of costs filed.)|
|Dec 13 2012||Brief of petitioner Carlos Trevino filed.|
|Dec 18 2012||SET FOR ARGUMENT ON Monday, February 25, 2013.|
|Dec 19 2012||Brief amici curiae of University of Texas School of Law Capital Punishment Clinic, et al. filed.|
|Dec 20 2012||Brief amicus curiae of State Bar of Texas in support of neither party filed.|
|Jan 4 2013||CIRCULATED.|
|Jan 14 2013||Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)|
|Jan 16 2013||Record received from U.S.C.A. for 5th Circuit. (1 box)|
|Jan 22 2013||Brief amici curiae of Utah and 24 Other States filed. (Distributed)|
|Jan 22 2013||Brief amici curiae of Families of Linda Salinas and Other Crime Victims filed. (Distributed)|
|Jan 22 2013||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Jan 30 2013||Record from U.S.D.C. for Western District of Texas is electronic.|
|Jan 30 2013||Supplemental Record (sealed documents) recieved from U.S.D.C. for Western District of Texas.|
|Feb 13 2013||Reply of petitioner Carlos Trevino filed. (Distributed)|
|Feb 25 2013||Argued. For petitioner: Warren A. Wolf, San Antonio, Tex. For respondent: Andrew S. Oldham, Deputy Solicitor General, Austin, Tex.|
|Mar 1 2013||Motion to appoint counsel filed by petitioner Carlos Trevino.|
|Mar 13 2013||Motion DISTRIBUTED for Conference of March 29, 2013.|
|Apr 1 2013||Motion to appoint counsel filed by petitioner GRANTED. Warren A. Wolf, Esquire, of San Antonio, Texas, is appointed to serve as counsel for the petitioner in this case.|
|May 28 2013||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Alito, J., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined.|
|Jul 1 2013||JUDGMENT ISSUED.|
|Jul 2 2013||Record returned to the U.S.C.A. for the 5th Circuit 1 box.|
We’ve gotten roughly half of the merits opinions for the term so far. Kavanaugh is trending as the median justice and appears to be supplanting Roberts.
Of course, that could all change by June. Here’s the first in a series on interim stats from the term.
On a new, conservative court, Kavanaugh sits at the center - SCOTUSblog
This article is the first in a series on interim statistics from the 2020-21 Supreme Court term. The Supreme Cou...
The Supreme Court will release orders and opinion(s?) on Monday May 17.
Order list at 9:30 a.m. EDT. Opinions at 10:00.
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
It’s a quiet week, so now is a great time to listen to Judge John Owens regale @AHoweBlogger with the tale of Ashton Embry and the greatest leak in Supreme Court history.
Come for the high drama, stay for the good humor and an RBG story or two.
The biggest leak in Supreme Court history - SCOTUSblog
In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had ...
The US Supreme Court should overturn the Facebook’s “Oversight Board’s” “ruling” which upholds the outlawing of the 45th President of the United States from social media.
This is a big tech, corporate oligarchy without standing and it’s gone too far. Enough is enough.
The Supreme Court will hear its last case of the term today at 10:00 a.m. EDT.
Here’s a summary of Terry v. United States in a TikTok minute.
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