Cope v. South Carolina
Petition for certiorari denied on October 20, 2014
Issue: (1) Whether South Carolina violated petitioner"s federal due process right to present his full defense under Washington v. Texas and Chambers v. Mississippi, while replicating its error in Holmes v. South Carolina by arbitrarily applying state evidentiary rules to exclude a wealth of highly relevant and reliable evidence about the true perpetrator"s modus operandi and out-of-court admissions that tended to prove that the perpetrator raped and murdered petitioner"s child by himself, rather than in some sort of improbable collaboration with petitioner; and (2) whether, despite this Court"s unanimous decision in Holmes v. South Carolina, South Carolina erroneously evaluated petitioner"s federal constitutional challenge to the exclusion of defense evidence in light of the prosecution"s evidence and theory of guilt, while failing to consider the actual issues raised by the defense or the purposes of the evidentiary rules at issue.
Date | Proceedings and Orders |
---|---|
11/06/2013 | Application (13A479) to extend the time to file a petition for a writ of certiorari from November 26, 2013 to January 25, 2014, submitted to The Chief Justice. |
11/08/2013 | Application (13A479) granted by The Chief Justice extending the time to file until January 25, 2014. |
01/24/2014 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2014) |
02/12/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
02/25/2014 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent. |
02/26/2014 | Waiver of right of respondent South Carolina to respond filed. |
02/27/2014 | Brief amicus curiae of The National Innocence Network filed. |
02/27/2014 | Brief amici curiae of Professors of Evidence Law filed. |
03/06/2014 | DISTRIBUTED for Conference of March 21, 2014. |
03/06/2014 | Response Requested . (Due April 7, 2014) |
04/08/2014 | Order extending time to file response to petition to and including May 6, 2014. |
05/13/2014 | Brief of respondent South Carolina in opposition filed. |
05/16/2014 | Order further extending time to file response to petition to and including May 13, 2014. |
05/23/2014 | Reply of petitioner Billy Wayne Cope filed. |
06/04/2014 | DISTRIBUTED for Conference of June 19, 2014. |
06/24/2014 | Record Requested . |
07/15/2014 | Record received from the Supreme Court of South Carolina (1 envelope). |
07/17/2014 | DISTRIBUTED for Conference of September 29, 2014. |
10/06/2014 | DISTRIBUTED for Conference of October 10, 2014. |
10/14/2014 | DISTRIBUTED for Conference of October 17, 2014. |
10/20/2014 | Petition DENIED. |