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Tibbals v. Carter

Docket No.11-218
Op. Below6th Cir.
ArgumentOct 9, 2012

Holding

18 U.S.C. § 3599 does not provide a state prisoner with the right to suspend his federal habeas proceedings when he is adjudged incompetent.

Judgment

Reversed, 9-0, in an opinion by Clarence Thomas on Jan 8, 2013.

Holding: 18 U.S.C. § 3599 does not provide a state prisoner with the right to suspend his federal habeas proceedings when he is adjudged incompetent.

Judgment:”Reversed, 9-0, in an opinion by Justice Thomas on January 8, 2013.

Proceedings & orders timeline

Aug 17, 2011
Petition for a writ of certiorari filed. (Response due September 21, 2011)
Aug 17, 2011
Appendix of Terry Tibbals, Warden filed.
Sep 8, 2011
Order extending time to file response to petition to and including October 31, 2011.
Oct 28, 2011
Brief of respondent Sean Carter in opposition filed.
Oct 28, 2011
Motion for leave to proceed in forma pauperis filed by respondent.
Nov 7, 2011
DISTRIBUTED for Conference of November 22, 2011.
Nov 8, 2011
Reply of petitioner Terry Tibbals, Warden filed. (Distributed)
Feb 22, 2012
DISTRIBUTED for Conference of March 16, 2012.
Mar 19, 2012
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 19, 2012
Petition GRANTED.
Apr 20, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2012.
Apr 20, 2012
The time to file respondent's brief on the merits is extended to and including July 20, 2012.
Apr 26, 2012
Motion to appoint counsel filed by respondent Sean Carter.
May 8, 2012
Motion DISTRIBUTED for Conference of May 24, 2012.
May 25, 2012
Joint appendix filed. (Statement of costs filed)
May 25, 2012
Brief of petitioner Terry Tibbals, Warden filed.
May 29, 2012
Motion to appoint counsel filed by respondent GRANTED. Scott Michelman, Esquire, of Washington, D.C. is appointed to serve as counsel for the respondent in this case.
Jun 1, 2012
Brief amicus curiae of the United States filed (also in 10-930).
Jun 1, 2012
Brief amici curiae of Utah, et al. filed (also in 10-930).
Jul 9, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jul 17, 2012
Consent to the filing of amicus curiae briefs, in suport of either party or of neither party, received from counsel for petitioner.
Jul 20, 2012
Brief of respondent Sean Carter filed. (Distributed)
Jul 23, 2012
SET FOR ARGUMENT ON Tuesday, October 9, 2012
Jul 24, 2012
CIRCULATED.
Jul 25, 2012
Record received from U.S.C.A. for Sixth Circuit is electronic.
Jul 27, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. (also in 10-930)
Jul 27, 2012
Brief amici curiae of Retired Federal Judges filed. VIDED. (Distributed)
Jul 27, 2012
Brief amici curiae of American Psychiatric Association, et al. filed. VIDED. (Distributed)
Jul 27, 2012
Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
Jul 27, 2012
Brief amicus curiae of American Bar Association filed. (Distributed)
Aug 13, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Aug 20, 2012
Reply of petitioner Terry Tibbals, Warden filed. (Distributed)
Aug 23, 2012
Record from U.S.D.C. for Northern District of Ohio is electronic.
Aug 28, 2012
Record recieved from U.S.D.C. for Northern District of Ohio Eastern Division. Transcripts and Exhibits. (6 Boxes)
Oct 9, 2012
Argued. For petitioner: Alexandra T. Schimmer, Solicitor General, Columbus, Ohio. For respondent: Scott Michelman, Washington, D. C.
Oct 9, 2012
Letter dated October 5, 2012 received from counsel for the respondent . (Distributed)
Jan 8, 2013
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. (Decided together with No. 10-930)
Feb 11, 2013
JUDGMENT ISSUED.
Apr 8, 2013
Record returned to U.S.D.C. for Northern District of Ohio..
Jun 27, 2013
Additonal record (CD and Video Tape returned to U.S.D.C. for Nothern District of Ohio)

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