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Tyler v. Vannoy

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1357 La. TBD TBD TBD TBD TBD

Issues: (1) Whether, when a capital defendant objected to his attorney’s concession of guilt, the explicit text of the Sixth Amendment and longstanding right-to-counsel jurisprudence circumvent the bar under Teague v. Lane and require the application of McCoy v. Louisiana to cases on collateral review; (2) whether McCoy announced a substantive rule that should be applied retroactively to criminal defendants who were subjected to conviction without being afforded their constitutional right to counsel; and (3) whether the Griffith v. Kentucky rather than Teague standard should apply to determine the retroactive application of McCoy, where initial review collateral claims are not final after direct review.

DateProceedings and Orders (key to color coding)
Feb 01 2022Application (21A391) to extend the time to file a petition for a writ of certiorari from February 15, 2022 to April 16, 2022, submitted to Justice Alito.
Feb 03 2022Application (21A391) granted by Justice Alito extending the time to file until April 16, 2022.
Mar 29 2022Application of James Tyler for a further extension of time not accepted for filing. (March 31, 2022)
Apr 14 2022Petition for a writ of certiorari filed. (Response due May 18, 2022)
May 04 2022Motion to extend the time to file a response from May 18, 2022 to June 17, 2022, submitted to The Clerk.
May 05 2022Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2022.
May 18 2022Amicus brief of Louisiana Association of Criminal Defense Lawyers not accepted for filing.(Corrected version to be submitted) (May 20, 2022)
May 18 2022Brief amicus curiae of Louisiana Association of Criminal Defense Lawyers (5/20/2022) filed.
Jun 17 2022Brief of respondent Warden Darrel Vannoy, Louisiana State Penitentiary in opposition filed.
Jul 06 2022DISTRIBUTED for Conference of 9/28/2022.
Jul 13 2022Reply of petitioner James S. Tyler, III filed. (Distributed)