Turner v. United States

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Turner v. United States

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Consolidated with:

Overton v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1503	D.C.	Mar 29, 2017 Tr.Aud.	Jun 22, 2017	6-2	Breyer	OT 2016

Holding: The withheld evidence is not material under Brady v. Maryland.

Judgment: Affirmed, 6-2, in an opinion by Justice Breyer on June 22, 2017. Justice Kagan filed a dissenting opinion, in which Justice Ginsburg joined. Justice Gorsuch took no part in the consideration or decision of the case.

Opinion analysis: Justices uphold convictions in infamous D.C. murder case (Amy Howe)
A "view" from the courtroom: The term’s first bonus day for opinions (Mark Walsh)
Argument analysis: Focusing on the facts in 1984 D.C. murder case (Amy Howe)
Argument preview: Court to weigh suppression of evidence in notorious D.C. murder (Amy Howe)
Justices grant review in four new cases (Amy Howe)
Petitions of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Mar 23 2016	Application (15A988) to extend the time to file a petition for a writ of certiorari from April 13, 2016 to May 13, 2016, submitted to The Chief Justice.
Mar 24 2016	Application (15A988) granted by The Chief Justice extending the time to file until May 13, 2016.
Apr 27 2016	Application (15A988) to extend further the time from May 13, 2016 to June 10, 2016, submitted to The Chief Justice.
Apr 27 2016	Application (15A988) granted by The Chief Justice extending the time to file until June 10, 2016.
Jun 10 2016	Petition for a writ of certiorari filed. (Response due July 14, 2016)
Jul 07 2016	Order extending time to file response to petition to and including August 15, 2016.
Jul 14 2016	Brief amici curiae of Former Prosecutors filed.
Jul 14 2016	Brief amicus curiae of Innocence Network filed.
Aug 11 2016	Order further extending time to file response to petition to and including September 14, 2016.
Sep 08 2016	Order further extending time to file response to petition to and including October 14, 2016.
Oct 14 2016	Brief of respondent United States in opposition filed. VIDED.
Nov 01 2016	Reply of petitioners Charles S. Turner, et al. filed.
Nov 02 2016	DISTRIBUTED for Conference of November 22, 2016.
Nov 16 2016	Record Requested.
Nov 18 2016	Record received from the D.C. Court of Appeals. The records are electronic.
Nov 21 2016	DISTRIBUTED for Conference of December 9, 2016.
Dec 14 2016	Petition GRANTED limited to the following question: "Whether the petitioners' convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963)." The petition in 15-1504 is granted and the cases are consolidated and a total of one hour is allotted for oral argument.
Jan 24 2017	Joint motion to deem the court of appeals' joint appendix as supplemental volumes to the joint appendix filed with this Court filed. VIDED.
Jan 27 2017	Joint appendix filed. VIDED.
Jan 27 2017	Brief of petitioners Charles S. Turner, et al. filed.
Feb 02 2017	Brief amicus curiae of Wilfredo Lora filed. VIDED.
Feb 03 2017	SET FOR ARGUMENT on Wednesday, March 29, 2017. VIDED
Feb 03 2017	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED.
Feb 03 2017	Brief amicus curiae of Center on Wrongful Convictions of Youth filed. VIDED.
Feb 03 2017	Brief amicus curiae of The Innocence Network filed.
Feb 03 2017	Brief amici curiae of Texas Public Policy Foundation, et al. filed. VIDED.
Feb 03 2017	Brief amici curiae of Former Prosecutors filed. VIDED.
Feb 03 2017	Brief amicus curiae of Cato Institute filed. VIDED.
Feb 07 2017	Application (16A792) to file a consolidated respondents brief on the merits in excess of word limits, submitted to The Chief Justice. VIDED.
Feb 09 2017	Application (16A792) to file a consolidated respondents brief on the merits in excess of word limits granted by The Chief Justice. The consolidated brief on the merits may not exceed 22,500 words. VIDED.
Feb 21 2017	Motion to deem the court of appeals' joint appendix as supplemental volumes to the joint appendix filed with this Court GRANTED. VIDED.
Feb 22 2017	CIRCULATED.
Feb 27 2017	Brief of respondent United States filed. VIDED. (Distributed)
Mar 01 2017	Motion for divided argument filed by petitioner Russell L. Overton. VIDED.
Mar 17 2017	Motion for divided argument filed by petitioner GRANTED.
Mar 17 2017	Reply of petitioners Charles S. Turner, et al. filed. VIDED. (Distributed)
Mar 29 2017	Argued. For petitioners in 15-1503: John S. Williams, Washington, D. C. For petitioner in 15-1504: Deanna M. Rice, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 22 2017	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Alito, and Sotomayor, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, J., joined. Gorsuch, J., took no part in the consideration or decision of the cases. VIDED.
Jun 26 2017	Letter from the United States received.
Jul 24 2017	MANDATE ISSUED.
Jul 24 2017	JUDGMENT ISSUED.

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Opinion analysis: Justices allow "peace cross" to stand – Amy Howe

Relist Watch – John Elwood

Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
More Petitions »
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Cases argued 69

Cases decided 53

Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	53
Summary reversals	5
Merits cases granted to date	74

3
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6
Conference

10
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13
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17
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