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Garner v. Colorado

Certiorari Denied

Petition for certiorari denied on April 24, 2017.

Docket No.16-857
Op. BelowColo. App.

Issue

Whether, when the actual basis for counsel's acts or omissions was unreasonable, a court may nevertheless hold, based on an invented rationale, that defense counsel's performance was reasonable under Strickland v. Washington.

Proceedings & orders timeline

Nov 14, 2016
Application (16A493) to extend the time to file a petition for a writ of certiorari from December 5, 2016 to January 4, 2017, submitted to Justice Sotomayor.
Nov 17, 2016
Application (16A493) granted by Justice Sotomayor extending the time to file until January 4, 2017.
Jan 4, 2017
Petition for a writ of certiorari filed. (Response due February 6, 2017)
Jan 23, 2017
Order extending time to file response to petition to and including March 22, 2017.
Feb 6, 2017
Brief amicus curiae of The National Association of Criminal Defense Attorneys filed.
Mar 22, 2017
Brief of respondent Colorado in opposition filed.
Apr 5, 2017
DISTRIBUTED for Conference of April 21, 2017.
Apr 5, 2017
Reply of petitioner Jason Garner filed. (Distributed)
Apr 24, 2017
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.

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