Skip to main content

Elmore v. Holbrook

Certiorari Denied

Petition for certiorari denied on October 17, 1916.

Docket No.15-7848
Op. Below9th Cir.

Issue

(1) Whether capital defense counsel may decide to present evidence of a single mitigating factor without having first conducted a thorough investigation of other potential mitigating factors and whether counsel's post-hoc concern about possible rebuttal evidence justifies the failure to investigate; and (2) whether, where a state court provides a reasoned decision denying relief, 18 U.S.C. Section 2254(d) permits a federal court to ignore the reasoning of the state court and substitute its own reasons for denying relief and whether the violent nature of the crime lessens the prejudice from unconstitutional shackling.

Proceedings & orders timeline

Nov 19, 2015
Application (15A550) to extend the time to file a petition for a writ of certiorari from December 2, 2015 to January 16, 2016, submitted to Justice Kennedy.
Nov 24, 2015
Application (15A550) granted by Justice Kennedy extending the time to file until January 19, 2016.
Jan 19, 2016
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2016)
Feb 3, 2016
Supplemental brief of petitioner Clark Elmore filed.
Feb 26, 2016
Brief of respondent Donald R. Holbrook, Superintendent, Washington State Penitentiary in opposition filed.
Mar 8, 2016
Reply of petitioner Clark Elmore filed.
Mar 17, 2016
DISTRIBUTED for Conference of April 1, 2016.
Mar 24, 2016
Record Requested.
Mar 24, 2016
Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER.
Mar 25, 2016
Record received from the U.S.D.C. Western District of Washington. The record is electronic and available on PACER, except for one sealed document provided electronically.
Mar 31, 2016
Record received from Washington State Courts (3 boxes).
Apr 7, 2016
DISTRIBUTED for Conference of April 22, 2016.
Apr 13, 2016
Rescheduled.
Apr 25, 2016
DISTRIBUTED for Conference of April 29, 2016.
Apr 25, 2016
Rescheduled.
May 9, 2016
DISTRIBUTED for Conference of May 12, 2016.
May 9, 2016
Rescheduled.
May 11, 2016
DISTRIBUTED for Conference of May 26, 2016.
May 31, 2016
DISTRIBUTED for Conference of June 2, 2016.
Jun 6, 2016
DISTRIBUTED for Conference of June 9, 2016.
Jun 13, 2016
DISTRIBUTED for Conference of June 16, 2016.
Jun 20, 2016
DISTRIBUTED for Conference of June 23, 2016.
Jun 27, 2016
DISTRIBUTED for Conference of June 27, 2016.
Sep 19, 2016
DISTRIBUTED for Conference of September 26, 2016.
Oct 3, 2016
DISTRIBUTED for Conference of October 7, 2016.
Oct 11, 2016
DISTRIBUTED for Conference of October 14, 2016.
Oct 17, 2016
Petition DENIED Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari. (Detached Opinion)
Nov 3, 2016
Petition for Rehearing filed.
Nov 15, 2016
DISTRIBUTED for Conference of December 2, 2016.
Dec 5, 2016
Rehearing DENIED.
Aug 16, 2017
Record returned to the U.S.D.C.-Western District of Washington (3 boxes of Washington State Court records).

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.