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Mathena v. Malvo

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Petition dismissed pursuant Rule 46 on February 26, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
18-217 4th Cir. Oct 16, 2019 TBD TBD TBD OT 2019

Issue: Whether the U.S. Court of Appeals for the 4th Circuit erred in concluding—in direct conflict with Virginia’s highest court and other courts—that a decision of the Supreme Court, Montgomery v. Louisiana, addressing whether a new constitutional rule announced in an earlier decision, Miller v. Alabama, applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 16 2018Petition for a writ of certiorari filed. (Response due September 19, 2018)
Aug 31 2018Motion to extend the time to file a response from September 19, 2018 to October 19, 2018, submitted to The Clerk.
Aug 31 2018Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2018
Sep 18 2018Brief amicus curiae of Maryland Crime Victims' Resource Center, Inc. filed.
Oct 19 2018Brief of respondent Lee Boyd Malvo in opposition filed.
Oct 30 2018Reply of petitioner Randall Mathena filed.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Nov 29 2018Rescheduled.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019Petition GRANTED.
Mar 19 2019Blanket Consent filed by Petitioner, Randall Mathena.
Mar 20 2019Motion for an extension of time to file the briefs on the merits filed.
Apr 03 2019Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2019. The time to file respondent's brief on the merits is extended to and including August 20, 2019.
Jun 11 2019Joint appendix filed. (Statement of costs filed)
Jun 11 2019Brief of petitioner Randall Mathena filed.
Jun 18 2019Brief amici curiae of States of Indiana, Alabama, Arkansas, Florida, Georgia, Idaho, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming filed.
Jun 18 2019Brief amicus curiae of United States filed.
Jun 18 2019Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
Jun 18 2019Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jun 18 2019Brief amicus curiae of Maryland Crime Victims' Resource Center, Inc. filed.
Jul 01 2019SET FOR ARGUMENT on Wednesday, October 16, 2019.
Jul 17 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 01 2019CIRCULATED
Aug 16 2019Record requested from the U.S.C.A. 4th Circuit.
Aug 20 2019Brief of respondent Lee Boyd Malvo filed. (Distributed)
Aug 27 2019Brief amici curiae of Isa Nichols, et al. filed. (Distributed)
Aug 27 2019Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed. (Distributed)
Aug 27 2019Brief amici curiae of David I. Bruck, et al. filed. (Distributed)
Aug 27 2019Brief amici curiae of Former WV Delegate John Ellem, et al. filed. (Distributed)
Aug 27 2019Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed)
Aug 27 2019Brief amicus curiae of American Bar Association filed. (Distributed)
Aug 27 2019Brief amici curiae of Juvenile Law Center, et al. filed. (Distributed)
Aug 28 2019Record located on PACER (U.S.D.C. Eastern District of Virginia and U.S.C.A. 4th Circuit). Sealed record received from the District Court (4 boxes).
Sep 11 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 19 2019Reply of petitioner Randall Mathena filed. (Distributed)
Oct 16 2019Argued. For petitioner: Toby J. Heytens, Solicitor General, Richmond, Va.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Danielle Spinelli, Washington, D. C.
Feb 24 2020Stipulation of Dismissal Under Rule 46.1 filed.
Feb 26 2020Petition Dismissed - Rule 46.
Aug 02 2021Record returned to U.S.D.C. Eastern District of Virginia (4 boxes).