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Elmore v. Holbrook

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Petition for certiorari denied on October 17, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-7848 9th Cir. N/A N/A N/A N/A OT 16

Issue: (1) Whether capital defense counsel may decide to present evidence of a single mitigating factor without having first conducted a thorough investigation of other potential mitigating factors and whether counsel's post-hoc concern about possible rebuttal evidence justifies the failure to investigate; and (2) whether, where a state court provides a reasoned decision denying relief, 18 U.S.C. Section 2254(d) permits a federal court to ignore the reasoning of the state court and substitute its own reasons for denying relief and whether the violent nature of the crime lessens the prejudice from unconstitutional shackling.

DateProceedings and Orders (key to color coding)
Nov 19 2015Application (15A550) to extend the time to file a petition for a writ of certiorari from December 2, 2015 to January 16, 2016, submitted to Justice Kennedy.
Nov 24 2015Application (15A550) granted by Justice Kennedy extending the time to file until January 19, 2016.
Jan 19 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2016)
Feb 03 2016Supplemental brief of petitioner Clark Elmore filed.
Feb 26 2016Brief of respondent Donald R. Holbrook, Superintendent, Washington State Penitentiary in opposition filed.
Mar 08 2016Reply of petitioner Clark Elmore filed.
Mar 17 2016DISTRIBUTED for Conference of April 1, 2016.
Mar 24 2016Record Requested.
Mar 24 2016Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER.
Mar 25 2016Record received from the U.S.D.C. Western District of Washington. The record is electronic and available on PACER, except for one sealed document provided electronically.
Mar 31 2016Record received from Washington State Courts (3 boxes).
Apr 07 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 13 2016Rescheduled.
Apr 25 2016DISTRIBUTED for Conference of April 29, 2016.
Apr 25 2016Rescheduled.
May 09 2016DISTRIBUTED for Conference of May 12, 2016.
May 09 2016Rescheduled.
May 11 2016DISTRIBUTED for Conference of May 26, 2016.
May 31 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 06 2016DISTRIBUTED for Conference of June 9, 2016.
Jun 13 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016DISTRIBUTED for Conference of June 27, 2016.
Sep 19 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 03 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016DISTRIBUTED for Conference of October 14, 2016.
Oct 17 2016Petition DENIED Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari. (Detached Opinion)
Nov 03 2016Petition for Rehearing filed.
Nov 15 2016DISTRIBUTED for Conference of December 2, 2016.
Dec 05 2016Rehearing DENIED.
Aug 16 2017Record returned to the U.S.D.C.-Western District of Washington (3 boxes of Washington State Court records).