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Plumley v. Austin

Petition for certiorari denied on January 20, 2015

Docket No. Op. Below Argument Opinion Vote Author Term
14-271 4th Cir. N/A N/A N/A N/A OT 2014

Issue: Whether a reviewing court may presume that a trial judge acted "vindictively" in giving a defendant a higher sentence after resentencing, when no higher court had vacated the trial judge's original sentence.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/28/2014Application (13A1196) to extend the time to file a petition for a writ of certiorari from July 6, 2014 to September 4, 2014, submitted to The Chief Justice.
06/04/2014Application (13A1196) granted by The Chief Justice extending the time to file until September 4, 2014.
09/04/2014Petition for a writ of certiorari filed. (Response due October 8, 2014)
10/02/2014Order extending time to file response to petition to and including November 7, 2014.
10/06/2014Brief amici curiae of Former Federal District Judges Paul G. Cassell, Stephen M. Orlofsky, and Franklin H. McFadden filed.
10/08/2014Brief amicus curiae of The National District Attorneys Association filed.
11/07/2014Brief of respondent Timothy Jared Austin in opposition filed.
11/07/2014Motion for leave to proceed in forma pauperis filed by respondent Timothy Jared Austin.
11/24/2014Reply of petitioner Marvin Plumley, Warden filed. (Distributed)
11/25/2014DISTRIBUTED for Conference of December 12, 2014.
12/10/2014Rescheduled.
12/29/2014DISTRIBUTED for Conference of January 9, 2015.
01/12/2015DISTRIBUTED for Conference of January 16, 2015.
01/20/2015Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
01/20/2015Petition DENIED Statement of Justice Thomas, with whom Justice Scalia joins, dissenting from the denial of certiorari. (Detached Opinion)