Brown v. Davenport
Holding
When a state court has ruled on the merits of a state prisoner's claim, a federal court cannot grant habeas relief without applying both the test the Supreme Court outlined in Brecht v. Abrahamson and the one Congress prescribed in the Antiterrorism and Effective Death Penalty Act of 1996; the U.S. Court of Appeals for the 6th Circuit erred in granting habeas relief to Ervine Davenport based solely on its assessment that he could satisfy the Brecht standard.
Judgment
Reversed, 6-3, in an opinion by Neil Gorsuch on Apr 21, 2022. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.
Dec 14, 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)Dec 21, 2020Application (20A116) to recall and stay mandate, submitted to Justice Kavanaugh.Dec 30, 2020Motion to extend the time to file a response to the petition for a writ of certiorari from January 19, 2021 to February 18, 2021, submitted to The Clerk.
Dec 31, 2020Response to application (20A116) requested by Justice Kavanaugh, due Tuesday, January 12, 2021, by 4 p.m. ET.
Jan 4, 2021Motion to extend the time to file a response to the petition for a writ of certiorari is granted and the time is extended to and including February 18, 2021.
Jan 12, 2021Response to application from respondent Ervine Davenport filed.Jan 19, 2021Reply of applicant Mike Brown, Acting Warden filed.Jan 21, 2021Letter of applicant Mike Brown, Acting Warden received.Feb 1, 2021Application (20A116) referred to the Court.
Feb 1, 2021Application (20A116) granted by the Court. The application to recall and stay the mandate, presented to Justice Kavanaugh and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Sixth Circuit in case No. 17-2267 is recalled and stayed pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Sotomayor would deny the application.
Feb 18, 2021Brief of respondent Ervine Davenport in opposition filed.Mar 8, 2021Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)Mar 10, 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 29, 2021DISTRIBUTED for Conference of 4/1/2021.
Apr 5, 2021Petition GRANTED.
Apr 20, 2021Motion for an extension of time filed.Apr 22, 2021Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2021. The time to file respondent's brief on the merits is extended to and including August 2, 2021.
May 12, 2021Blanket Consent filed by Petitioner, Mike Brown, Acting WardenJun 10, 2021Brief of petitioner Mike Brown, Acting Warden filed.Jun 10, 2021Joint appendix volume I, II, and III filed. (Statement of costs filed)Jun 17, 2021Brief amicus curiae of Criminal Justice Legal Foundation filed.Jun 17, 2021Brief amici curiae of States of Arkansas, et al. filed.Jun 17, 2021Brief amici curiae of Jonathan F. Mitchell & Adam K. Mortara filed.Jul 1, 2021Corrected Certificate of Word Compliance filed with respect to amici curiae of Jonathan F. Mitchell and Adam K. Mortara.Jul 13, 2021ARGUMENT SET FOR Tuesday, October 5, 2021.
Jul 28, 2021Record requested from the U.S.C.A. 6th Circuit.
Jul 28, 2021Record received from the U.S.C.A. 6th Circuit has been electronically filed.
Aug 2, 2021Brief of respondent Ervine Davenport filed.Aug 3, 2021CIRCULATED
Sep 1, 2021Reply of petitioner Mike Brown, Acting Warden filed. (Distributed)Oct 5, 2021Argued. For petitioner: Fadwa A. Hammoud, Solicitor General, Lansing, Mich. For respondent: Tasha Bahal, Boston, Mass.
Apr 21, 2022Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
May 23, 2022Judgment Issued
Recommended Citation: Brown v. Davenport, SCOTUSblog, https://www.scotusblog.com/cases/brown-v-davenport/