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Edwards v. Vannoy

Docket No.19-5807
Op. Below5th Cir.
ArgumentDec 2, 2020

Holding

The jury-unanimity rule announced in Ramos v. Louisiana does not apply retroactively on federal collateral review.

Judgment

Affirmed, 6-3, in an opinion by Brett Kavanaugh on May 17, 2021. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

Proceedings & orders timeline

Aug 15, 2019
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
Sep 30, 2019
Waiver of right of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy to respond filed.
Oct 3, 2019
DISTRIBUTED for Conference of 10/18/2019.
Oct 11, 2019
Response Requested. (Due November 12, 2019)
Nov 5, 2019
Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk.
Nov 8, 2019
Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
Dec 12, 2019
Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy in opposition filed.
Dec 30, 2019
DISTRIBUTED for Conference of 1/17/2020.
Apr 20, 2020
DISTRIBUTED for Conference of 4/24/2020.
Apr 27, 2020
DISTRIBUTED for Conference of 5/1/2020.
May 4, 2020
Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether this Court’s decision in Ramos v. Louisiana, 590 U. S. ___ (2020), applies retroactively to cases on federal collateral review.
May 19, 2020
Joint motion of the parties for an extension of time to file the briefs on the merits filed.
May 28, 2020
Joint motion of the parties to extend the time to file the briefs on the merits granted in part. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2020. The time to file respondent's brief on the merits is extended to and including September 14, 2020. The reply brief is to be filed in compliance with Rule 25.3.
Jul 9, 2020
Blanket Consent filed by Petitioner, Thedrick Edwards.
Jul 13, 2020
Blanket Consent filed by Respondent, Darrel, Warden, Louisiana State. Penitentiary Vannoy
Jul 15, 2020
Joint appendix, including addendum CD of video exhibit, filed. (Statement of costs filed)
Jul 15, 2020
Brief of petitioner Thedrick Edwards filed.
Jul 21, 2020
Brief amici curiae of Center on Race, Inequality, et al. filed.
Jul 21, 2020
Brief amici curiae of Human Rights for Kids and Louisiana Center for Children’s Rights filed.
Jul 21, 2020
Brief amici curiae of The Promise of Justice Initiative, et al. filed.
Jul 21, 2020
Brief amici curiae of Louisiana Professors of Law filed.
Jul 21, 2020
Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of neither party filed.
Jul 22, 2020
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jul 22, 2020
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 22, 2020
Brief amici curiae of American Civil Liberties Union, et al. filed.
Jul 22, 2020
Brief amicus curiae of DKT Liberty Project filed.
Jul 22, 2020
Brief amici curiae of Roderick & Solange MacArthur Justice Center and Phillips Black, Inc., in support of neither party filed.
Jul 22, 2020
Brief amicus curiae of Law Professors and Social Scientists filed.
Jul 22, 2020
Brief amici curiae of Edward L. Tarpley, Jr., et al. filed.
Jul 22, 2020
Brief amici curiae of Federal Public Defender for the District of Oregon and the Oregon Criminal Defense Lawyers Association filed.
Jul 22, 2020
Brief amicus curiae of Innocence Project New Orleans filed.
Jul 22, 2020
Brief amici curiae of Former Judges, Prosecutors, and Public Officials filed.
Jul 22, 2020
Brief amicus curiae of JonRe Taylor filed.
Jul 22, 2020
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed.
Sep 2, 2020
Motion for a further extension of time to file respondent's brief on the merits filed.
Sep 8, 2020
Motion for a further extension of time to file respondent's brief on the merits granted, and the time is extended to and including September 28, 2020.
Sep 16, 2020
SET FOR ARGUMENT on Monday, November 30, 2020.
Sep 28, 2020
Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy filed.
Oct 5, 2020
Brief amicus curiae of United States filed.
Oct 5, 2020
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 5, 2020
Brief amicus curiae of Commonwealth of Puerto Rico filed.
Oct 5, 2020
Brief amicus curiae of State of Oregon filed.
Oct 8, 2020
Record requested from the U.S.C.A. 5th Circuit.
Oct 14, 2020
Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 19, 2020
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 20, 2020
Removed for argument on Monday, November 30, 2020.
Oct 20, 2020
SET FOR ARGUMENT on Wednesday, December 2, 2020.
Oct 27, 2020
CIRCULATED
Oct 28, 2020
Reply of petitioner Thedrick Edwards filed. (Distributed)
Dec 2, 2020
Argued. For petitioner: André Bélanger, Baton Rouge, La. For respondent: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jan 27, 2021
Record received from the U.S.D.C Middle District of Louisiana. (1 Box)
May 17, 2021
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.
Jun 18, 2021
JUDGMENT ISSUED.
Jul 26, 2021
Record returned the U.S.D.C Middle District of Louisiana. (1 Box)

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