Plumley v. Austin
Certiorari Denied
Petition for certiorari denied on January 20, 2015.
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.
May 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.
Jun 4, 2014Application (13A1196) granted by The Chief Justice extending the time to file until September 4, 2014.
Sep 4, 2014Petition for a writ of certiorari filed. (Response due October 8, 2014)Oct 2, 2014Order extending time to file response to petition to and including November 7, 2014.
Oct 6, 2014Brief amici curiae of Former Federal District Judges Paul G. Cassell, Stephen M. Orlofsky, and Franklin H. McFadden filed.Oct 8, 2014Brief amicus curiae of The National District Attorneys Association filed.Nov 7, 2014Brief of respondent Timothy Jared Austin in opposition filed.Nov 7, 2014Motion for leave to proceed in forma pauperis filed by respondent Timothy Jared Austin.
Nov 24, 2014Reply of petitioner Marvin Plumley, Warden filed. (Distributed)Nov 25, 2014DISTRIBUTED for Conference of December 12, 2014.
Dec 10, 2014Rescheduled.
Dec 29, 2014DISTRIBUTED for Conference of January 9, 2015.
Jan 12, 2015DISTRIBUTED for Conference of January 16, 2015.
Jan 20, 2015Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 20, 2015Petition DENIED Statement of Justice Thomas, with whom Justice Scalia joins, dissenting from the denial of certiorari. (Detached Opinion)
Recommended Citation: Plumley v. Austin, SCOTUSblog, https://www.scotusblog.com/cases/plumley-v-austin/