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Tyler v. Vannoy

Certiorari Denied

Petition for certiorari denied on October 3, 2022.

Docket No.21-1357
Op. BelowLa.

Issue

(1) Whether, when a capital defendant objected to his attorney"s concession of guilt, the explicit text of the Sixth Amendment and longstanding right-to-counsel jurisprudence circumvent the bar under Teague v. Lane and require the application of McCoy v. Louisiana to cases on collateral review; (2) whether McCoy announced a substantive rule that should be applied retroactively to criminal defendants who were subjected to conviction without being afforded their constitutional right to counsel; and (3) whether the Griffith v. Kentucky rather than Teague standard should apply to determine the retroactive application of McCoy, where initial review collateral claims are not final after direct review.

Proceedings & orders timeline

Feb 1, 2022
Application (21A391) to extend the time to file a petition for a writ of certiorari from February 15, 2022 to April 16, 2022, submitted to Justice Alito.
Feb 3, 2022
Application (21A391) granted by Justice Alito extending the time to file until April 16, 2022.
Mar 29, 2022
Application of James Tyler for a further extension of time not accepted for filing. (March 31, 2022)
Apr 14, 2022
Petition for a writ of certiorari filed. (Response due May 18, 2022)
May 4, 2022
Motion to extend the time to file a response from May 18, 2022 to June 17, 2022, submitted to The Clerk.
May 5, 2022
Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2022.
May 18, 2022
Amicus brief of Louisiana Association of Criminal Defense Lawyers not accepted for filing.(Corrected version to be submitted) (May 20, 2022)
May 18, 2022
Brief amicus curiae of Louisiana Association of Criminal Defense Lawyers (5/20/2022) filed.
Jun 17, 2022
Brief of respondent Warden Darrel Vannoy, Louisiana State Penitentiary in opposition filed.
Jul 6, 2022
DISTRIBUTED for Conference of 9/28/2022.
Jul 13, 2022
Reply of petitioner James S. Tyler, III filed. (Distributed)
Oct 3, 2022
Petition DENIED.

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