Wheeler v. White

Petition for certiorari denied on December 14, 2015

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White v. Wheeler

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-10376	6th Cir.	N/A	N/A	N/A	N/A	OT 2015

Issue: (1) Whether the Sixth Circuit’s ruling – that the lack of Supreme Court case law holding that references to a victim’s pregnancy when the pregnancy is not an issue at trial violates due process means no “clearly established” law exists for purposes of 28 U.S.C. §2254(d) – conflicts with this Court’s rulings holding that “clearly established” law does not require a case with an identical fact pattern but instead includes legal principles and standards flowing from precedent and general standards designed to apply to a myriad of factual situations; and (2) whether this Court’s standard that a state evidentiary ruling can be so egregious as to deny a defendant fundamental fairness and thus violate the federal due process clause is broad enough to constitute “clearly established” law that applies when the prosecution introduces irrelevant evidence of a victim’s pregnancy; and, if so, whether the evidence regarding the victim’s pregnancy and the prosecutor’s ensuing argument are “contrary to” or an “unreasonable application of” this “clearly established” law.

Date	Proceedings and Orders (key to color coding)
Jun 18 2015	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2015)
Jul 20 2015	Order extending time to file response to petition to and including September 21, 2015.
Sep 21 2015	Brief of respondent Randy White, Warden in opposition filed.
Sep 28 2015	Reply of petitioner Roger L. Wheeler filed.
Oct 7 2015	DISTRIBUTED for Conference of October 30, 2015.
Nov 2 2015	DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015	DISTRIBUTED for Conference of November 13, 2015.
Nov 13 2015	Record Requested .
Nov 16 2015	DISTRIBUTED for Conference of November 24, 2015.
Nov 17 2015	Record received from the U.S.C.A. for the 6th Circuit. The record is electronic and available on PACER.
Nov 30 2015	DISTRIBUTED for Conference of December 4, 2015.
Nov 30 2015	Record received from the U.S.D.C. for the Western District of Kentucky. The record is electronic and available on PACER.
Dec 7 2015	DISTRIBUTED for Conference of December 11, 2015.
Dec 14 2015	Petition DENIED.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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  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.
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Current Relists
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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- Dahne v. Richey Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.
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Wheeler v. White

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