Duncan v. Owens
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1516 | 7th Cir. | Jan 12, 2016 | Jan 20, 2016 | n/a | Per Curiam | OT 2015 |
Issue: Whether the Seventh Circuit violated 28 U.S.C. § 2254 and a long line of this Court's decisions by awarding habeas relief in the absence of clearly established precedent from this Court.
Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on January 20, 2016.
SCOTUSblog Coverage
- Argument analysis: A confusing search for "clearly established" law (Steve Vladeck, January 13, 2016)
- Argument preview: How specific must "clearly established" law be to support federal habeas relief? (Steve Vladeck, January 5, 2016)
| Date | Proceedings and Orders |
|---|---|
| 04/21/2015 | Application (14A1074) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan. |
| 04/24/2015 | Response to application 14A1074 requested by Justice Kagan, due Friday, May 1, 2015, by 5 p.m ET. |
| 04/30/2015 | Response to application from respondent Lawrence Owens filed. |
| 05/04/2015 | Reply of applicant Stephen Duncan, Warden filed. |
| 05/11/2015 | Application (14A1074) denied by Justice Kagan. |
| 06/17/2015 | Application (14A1290) to extend the time to file a petition for a writ of certiorari from June 21, 2015 to July 15, 2015, submitted to Justice Kagan. |
| 06/22/2015 | Petition for a writ of certiorari filed. (Response due July 24, 2015) |
| 06/24/2015 | Application (14A1290) granted by Justice Kagan extending the time to file until July 15, 2015. |
| 07/14/2015 | Waiver of right of respondent Lawrence Owens to respond filed. |
| 07/22/2015 | DISTRIBUTED for Conference of September 28, 2015. |
| 07/24/2015 | Response Requested . (Due August 24, 2015) |
| 07/29/2015 | Application (15A111) to recall and stay mandate pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan. |
| 07/30/2015 | Application (15A111) denied by Justice Kagan. |
| 08/04/2015 | Application (15A111) refiled and submitted to Justice Scalia. |
| 08/13/2015 | Application (15A111) referred to the Court. |
| 08/13/2015 | Application (15A111) denied by the Court. |
| 08/24/2015 | Brief of respondent Lawrence Owens in opposition filed. |
| 09/08/2015 | Reply of petitioner Stephen Duncan, Warden filed. (Distributed) |
| 09/09/2015 | DISTRIBUTED for Conference of September 28, 2015. |
| 10/01/2015 | Petition GRANTED. |
| 10/30/2015 | Application (15A475) to recall and stay the mandate of the United States Court of Appeals for the Seventh Circuit pending the sending down of the judgment of this Court, submitted to Justice Kagan. |
| 11/02/2015 | Response to application (15A475) requested by Justice Kagan. (Due Friday, November 6, 2015, by 4 p.m. EST.) |
| 11/06/2015 | Response to application from respondent Lawrence Owens filed. |
| 11/10/2015 | Reply of applicant Stephen Duncan, Warden filed. |
| 11/13/2015 | Application (15A475) referred to the Court. |
| 11/13/2015 | Application (15A475) granted by the Court. The application to recall and stay the mandate of the United States Court of Appeals for the Seventh Circuit in case No. 14-1419, presented to Justice Kagan and by her referred to the Court, is granted pending the sending down of the judgment of this Court. The request seeking that the respondent be returned to applicant |
| 11/16/2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent. |
| 11/16/2015 | Joint appendix filed. (Statement of costs filed) |
| 11/16/2015 | Brief of petitioner Stephen Duncan, Warden filed. |
| 11/19/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 11/23/2015 | Brief amicus curiae of Washington, et al. filed. |
| 11/24/2015 | SET FOR ARGUMENT on Tuesday, January 12, 2016 |
| 12/04/2015 | Record requested from U.S.C.A. 7th Circuit. |
| 12/08/2015 | The record from U.S.C.A. 7th Circuit is electronic and located on PACER, with the exception of one document which is electronic and SEALED. |
| 12/14/2015 | Record from the U.S.D.C. Northern District of Illinois is electronic. |
| 12/15/2015 | CIRCULATED |
| 12/16/2015 | Brief of respondent Lawrence Owens filed. (Distributed) |
| 12/30/2015 | Reply of petitioner Stephen Duncan, Warden filed. (Distributed) |
| 01/12/2016 | Argued. For petitioner: Carolyn E. Shapiro, Solicitor General of Illinois, Chicago, Ill. For respondent: Barry Levenstam, Chicago, Ill. |
| 01/20/2016 | Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. |
| 02/23/2016 | Judgment Issued |