Christeson v. Roper

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-6873	8th Cir.	Not Argued	Jan 20, 2015	n/a	Per Curiam	OT 2014

Holding: When a death row inmate"s appointed attorneys had missed the filing deadline for his first federal habeas petition and could not be expected to argue that the inmate was entitled to equitable tolling of the statute of limitations, the district court erred in denying (and the court of appeals erred in affirming the denial of) a motion for the appointment of substitute, conflict-free counsel.

Date	Proceedings and Orders (key to color coding)
10/27/2014	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2014)
10/27/2014	Application (14A445) for a stay of execution of sentence of death, submitted to Justice Alito.
10/27/2014	Brief of respondent Don Roper, Warden in opposition filed.
10/27/2014	Brief amici curiae of Former Federal and State Judges filed. (Distributed)
10/27/2014	Brief amici curiae of Ethics Bureau at Yale, et al. filed. (Distributed)
10/28/2014	UPON CONSIDERATION of the application of counsel for the applicant and the response filed thereto, IT IS ORDERED that the parties are directed to file supplemental briefs by 2:00pm today, October, 28, 2014, regarding whether the record shows that petitioner has authorized Attorney Jennifer A. Merrigan, or Attorney John R. Mills, or Attorney Joseph J. Perkovich to move on his behalf for substitution of counsel appointed pursuant to 18 U. S. C. § 3599.
10/28/2014	Reply of petitioner Mark A. Christeson filed.
10/28/2014	Supplemental brief of respondent Don Roper, Warden filed.
10/28/2014	Supplemental brief of applicant Mark A. Christeson filed.
10/28/2014	Application (14A445) referred to the Court.
10/28/2014	Application (14A445) granted by the Court. The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition (14-6873) 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 Scalia, Justice Thomas, and Justice Alito would deny the application for stay of execution.
11/03/2014	DISTRIBUTED for Conference of November 7, 2014.
11/10/2014	DISTRIBUTED for Conference of November 14, 2014.
11/17/2014	DISTRIBUTED for Conference of November 25, 2014.
12/01/2014	DISTRIBUTED for Conference of December 5, 2014.
12/08/2014	DISTRIBUTED for Conference of December 12, 2014.
12/29/2014	DISTRIBUTED for Conference of January 9, 2015.
01/12/2015	DISTRIBUTED for Conference of January 16, 2015.
01/20/2015	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment REVERSED and case REMANDED (Opinion per curiam). (Detached Opinion). Justice Alito, with whom Justice Thomas joins, dissenting. (Detached opinion).
10/28/2014	UPON CONSIDERATION of the application of counsel for the applicant and the response filed thereto, IT IS ORDERED that the parties are directed to file supplemental briefs by 2:00pm today, October, 28, 2014, regarding whether the record shows that petitioner has authorized Attorney Jennifer A. Merrigan, or Attorney John R. Mills, or Attorney Joseph J. Perkovich to move on his behalf for substitution of counsel appointed pursuant to 18 U. S. C. § 3599.
02/23/2015	JUDGMENT ISSUED.