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Burns v. Mays

Petition for certiorari denied on April 24, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-5891 6th Cir. N/A N/A N/A N/A OT 2022

Issue: (1) Whether an ineffective assistance claim may be based on counsel"s failure to exercise a state-law right to introduce residual doubt evidence at a capital sentencing; (2) whether counsel provides ineffective assistance at capital sentencing if they fail to establish the defendant"s lesser moral culpability by demonstrating that he did not kill a victim, even if the lesser culpability proof fails to negate all aggravating (eligibility) factors; and (3) whether it constitutes deficient performance under Strickland v. Washington if trial counsel postpones their preparations for sentencing until a brief post-guilt phase recess; and if deficient, whether counsel"s performance can be excused, if omitted mitigation evidence fails to explain why the defendant committed the offense.

DateProceedings and Orders (key to color coding)
08/08/2022Application (22A117) to extend the time to file a petition for a writ of certiorari from August 22, 2022 to October 21, 2022, submitted to Justice Kavanaugh.
08/15/2022Application (22A117) granted by Justice Kavanaugh extending the time to file until October 21, 2022.
10/20/2022Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2022)
11/23/2022Brief amicus curiae of Lay and Ordained Ministers filed.
11/23/2022Brief of respondent Tony Mays, Warden in opposition filed.
12/08/2022DISTRIBUTED for Conference of 1/6/2023.
12/08/2022Reply of petitioner Kevin B. Burns filed. (Distributed)
12/14/2022Record Requested.
12/14/2022All records from the U.S.C.A.-6th Circuit are available on PACER.
02/22/2023The record from the U.S.D.C.-Western District of Tennessee is available on PACER. Docket Entry 35 was transmitted electronically.
02/23/2023DISTRIBUTED for Conference of 3/17/2023.
03/20/2023DISTRIBUTED for Conference of 3/24/2023.
03/27/2023DISTRIBUTED for Conference of 3/31/2023.
04/10/2023DISTRIBUTED for Conference of 4/14/2023.
04/17/2023DISTRIBUTED for Conference of 4/21/2023.
04/24/2023Petition DENIED. Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting from the denial of certiorari. (Detached Opinion)
05/18/2023Petition for Rehearing filed.
05/30/2023DISTRIBUTED for Conference of 6/15/2023.
06/20/2023Rehearing DENIED.