Johnson v. Lee
Holding
Under California"s "Dixon bar," a defendant procedurally defaults a claim raised for the first time on state collateral review if he could have raised it earlier on direct appeal. Because that bar is longstanding, oft-cited, and shared by habeas courts across the nation, the Ninth Circuit's holding that the bar is inadequate to preclude federal habeas review is reversed.
Judgment
Summarily reversed and remanded, n/a on May 31, 2016.
Nov 2, 2015Application (15A484) to extend the time to file a petition for a writ of certiorari from November 15, 2015 to December 15, 2015, submitted to Justice Kennedy.
Nov 5, 2015Application (15A484) granted by Justice Kennedy extending the time to file until December 15, 2015.
Dec 15, 2015Petition for a writ of certiorari filed. (Response due January 19, 2016)
Jan 15, 2016Order extending time to file response to petition to and including February 18, 2016.
Jan 19, 2016Brief amici curiae of Alabama, et al. filed.
Jan 19, 2016Brief amicus curiae of Criminal Justice Legal Foundation filed.
Feb 11, 2016Order further extending time to file response to petition to and including March 21, 2016.
Mar 17, 2016Brief of respondent Donna Kay Lee in opposition filed.
Mar 17, 2016Motion for leave to proceed in forma pauperis filed by respondent Donna Kay Lee.
Apr 4, 2016Reply of petitioner Deborah K. Johnson, Warden filed.
Apr 6, 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 25, 2016DISTRIBUTED for Conference of April 29, 2016.
May 9, 2016DISTRIBUTED for Conference of May 12, 2016.
May 16, 2016DISTRIBUTED for Conference of May 19, 2016.
May 23, 2016DISTRIBUTED for Conference of May 26, 2016.
May 31, 2016Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
May 31, 2016Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
Jul 5, 2016JUDGMENT ISSUED
Recommended Citation: Johnson v. Lee, SCOTUSblog, https://www.scotusblog.com/cases/johnson-v-lee/