|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-517||8th Cir.||Oct 8, 2014||Dec 8, 2014||9-0||Sotomayor||OT 2014|
Holding: Federal Rule of Evidence 606(b), which provides that certain juror testimony about events in the jury room is not admissible “during an inquiry into the validity of a verdict,” precludes a party seeking a new trial from using one juror’s affidavit of what another juror said in deliberations to demonstrate the other juror’s dishonesty during voir dire.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on December 8, 2014.
|Date||Proceedings and Orders |
|Oct 22 2013||Petition for a writ of certiorari filed. (Response due November 25, 2013)|
|Nov 12 2013||Order extending time to file response to petition to and including December 26, 2013.|
|Dec 19 2013||Brief of respondent Randy D. Shauers in opposition filed.|
|Jan 8 2014||DISTRIBUTED for Conference of January 24, 2014.|
|Jan 8 2014||Reply of petitioner Gregory P. Warger filed. (Distributed)|
|Jan 21 2014||Record Requested .|
|Jan 30 2014||Record received from the U.S.C.A. 8th Circuit (1 envelope).|
|Feb 3 2014||Record received from the U.S.D.C. South Dakota (1 box).|
|Feb 5 2014||DISTRIBUTED for Conference of February 21, 2014.|
|Feb 24 2014||DISTRIBUTED for Conference of February 28, 2014.|
|Mar 3 2014||Petition GRANTED.|
|Mar 28 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Apr 7 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 27, 2014.|
|Apr 7 2014||The time to file respondent's brief on the merits is extended to and including August 6, 2014.|
|May 27 2014||Joint appendix filed. (Statement of costs filed.)|
|May 27 2014||Brief of petitioner Gregory P. Warger filed.|
|Jun 3 2014||Brief amici curiae of Professors of Law filed.|
|Jun 3 2014||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jul 9 2014||Record requested from U.S.C.A. 8th Circuit.|
|Jul 17 2014||Record received from U.S.C.A. 8th Circuit. 1 envelope.|
|Jul 21 2014||SET FOR ARGUMENT Wednesday, October 8, 2014|
|Aug 6 2014||Brief of respondent Randy D. Shauers filed.|
|Aug 11 2014||Brief amici curiae of Law Professors filed.|
|Aug 12 2014||Brief amicus curiae of American Association for Justice filed. (Distributed)|
|Aug 13 2014||Brief amicus curiae of the United States filed.|
|Aug 13 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Aug 14 2014||CIRCULATED.|
|Sep 5 2014||Reply of petitioner Gregory P. Warger filed. (Distributed)|
|Oct 2 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 8 2014||Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Sheila L. Birnbaum, New York, N. Y.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Dec 9 2014||Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.|
|Jan 12 2015||JUDGMENT ISSUED.|
|Jan 20 2015||Record returned for U.S.C.A. 8th Circuit. (1 Box)|
|Jan 20 2015||Record returned for U.S.D.C. District of South Dakota Western Division. (1 Envelope)|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).