|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-240||Mass.||Apr 19, 2017||Jun 22, 2017||7-2||Kennedy||OT 2016|
Holding: (1) In the context of a public-trial violation during jury selection, when the error is neither preserved nor raised on direct review but is raised later via an ineffective-assistance-of-counsel claim, the defendant must demonstrate prejudice to secure a new trial; (2) Because Kentel Weaver has not shown a reasonable probability of a different outcome but for counsel's failure to object or that counsel's shortcomings led to a fundamentally unfair trial, he is not entitled to a new trial.
Judgment: Affirmed, 7-2, in an opinion by Justice Kennedy on June 22, 2017. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed an opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined.
|Date||Proceedings and Orders |
|Aug 18 2016||Petition for a writ of certiorari filed. (Response due September 23, 2016)|
|Sep 6 2016||Waiver of right of respondent Massachusetts to respond filed.|
|Sep 23 2016||Brief amici curiae of Criminal Defense Attorneys of Michigan, et al. filed.|
|Sep 28 2016||DISTRIBUTED for Conference of October 14, 2016.|
|Oct 3 2016||Response Requested . (Due November 2, 2016)|
|Oct 27 2016||Order extending time to file response to petition to and including December 2, 2016.|
|Dec 2 2016||Brief of respondent Massachusetts in opposition filed.|
|Dec 20 2016||Reply of petitioner Kentel Myrone Weaver filed.|
|Dec 21 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Petition GRANTED.|
|Feb 17 2017||SET FOR ARGUMENT ON Wednesday, April 19, 2017.|
|Feb 24 2017||Record requested from the Supreme Judicial Court of Massachusetts.|
|Feb 27 2017||Joint appendix filed. (Statement of costs filed.)|
|Feb 27 2017||Brief of petitioner Kentel Myrone Weaver filed.|
|Mar 1 2017||Record received from the Supreme Judicial Court of Massachusetts. The record is electronic.|
|Mar 3 2017||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Mar 6 2017||Brief amici curiae of Reporters Committee for Freedom of the Press and Society of Professional Journalists filed.|
|Mar 6 2017||Brief amici curiae of American Civil Liberties Union and the ACLU of Massachusetts filed.|
|Mar 6 2017||Brief amicus curiae of Massachusetts Association of Criminal Defense Lawyers filed.|
|Mar 6 2017||Brief amici curiae of The Stein Center for Law and Ethics, et al. filed.|
|Mar 22 2017||CIRCULATED.|
|Mar 29 2017||Brief of respondent Massachusetts filed. (Distributed)|
|Apr 3 2017||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Apr 4 2017||Brief amici curiae of Arkansas, et al. filed. (Distributed)|
|Apr 5 2017||Brief amicus curiae of United States filed. (Distributed)|
|Apr 5 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Apr 5 2017||Letter received from Counsel for Respondents. (Distributed)|
|Apr 10 2017||Reply of petitioner Kentel Myrone Weaver filed. (Distributed)|
|Apr 13 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.|
|Apr 19 2017||Argued. For petitioner: Michael B. Kimberly, Washington, D. C. For respondent: Randall E. Ravitz, Assistant Attorney General, Boston, Mass.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Jun 22 2017||Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Sotomayor, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Alito, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined.|
|Jul 24 2017||MANDATE ISSUED.|
|Jul 24 2017||JUDGMENT ISSUED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."