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Edwards v. Vannoy
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-5807 | 5th Cir. | Dec 2, 2020 | May 17, 2021 | 6-3 | Kavanaugh | OT 2020 |
Holding: The jury-unanimity rule announced in Ramos v. Louisiana does not apply retroactively on federal collateral review.
Judgment: Affirmed, 6-3, in an opinion by Justice Kavanaugh on May 17, 2021. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.
SCOTUSblog Coverage
- Justices divided on retroactive application of jury-unanimity rule (Amy Howe, May 17, 2021)
- Argument analysis: Complex retroactivity issues divide justices in jury-unanimity case (Amy Howe, December 2, 2020)
- Case preview: Justices will hear argument on whether unanimous jury ruling applies retroactively (Amy Howe, December 1, 2020)
- Justices release December calendar (Amy Howe, September 16, 2020)
- Justices to consider retroactive effect of unanimous jury ruling (Amy Howe, May 4, 2020)
| Date | Proceedings and Orders |
|---|---|
| Aug 15 2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019) |
| Sep 30 2019 | Waiver of right of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy to respond filed. |
| Oct 03 2019 | DISTRIBUTED for Conference of 10/18/2019. |
| Oct 11 2019 | Response Requested. (Due November 12, 2019) |
| Nov 05 2019 | Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk. |
| Nov 08 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019. |
| Dec 12 2019 | Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy in opposition filed. |
| Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020. |
| Apr 20 2020 | DISTRIBUTED for Conference of 4/24/2020. |
| Apr 27 2020 | DISTRIBUTED for Conference of 5/1/2020. |
| May 04 2020 | Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether this Court’s decision in Ramos v. Louisiana, 590 U. S. ___ (2020), applies retroactively to cases on federal collateral review. |
| May 19 2020 | Joint motion of the parties for an extension of time to file the briefs on the merits filed. |
| May 28 2020 | Joint motion of the parties to extend the time to file the briefs on the merits granted in part. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2020. The time to file respondent's brief on the merits is extended to and including September 14, 2020. The reply brief is to be filed in compliance with Rule 25.3. |
| Jul 09 2020 | Blanket Consent filed by Petitioner, Thedrick Edwards. |
| Jul 13 2020 | Blanket Consent filed by Respondent, Darrel, Warden, Louisiana State. Penitentiary Vannoy |
| Jul 15 2020 | Joint appendix, including addendum CD of video exhibit, filed. (Statement of costs filed) |
| Jul 15 2020 | Brief of petitioner Thedrick Edwards filed. |
| Jul 21 2020 | Brief amici curiae of Center on Race, Inequality, et al. filed. |
| Jul 21 2020 | Brief amici curiae of Human Rights for Kids and Louisiana Center for Children’s Rights filed. |
| Jul 21 2020 | Brief amici curiae of The Promise of Justice Initiative, et al. filed. |
| Jul 21 2020 | Brief amici curiae of Louisiana Professors of Law filed. |
| Jul 21 2020 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of neither party filed. |
| Jul 22 2020 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. |
| Jul 22 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jul 22 2020 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Jul 22 2020 | Brief amicus curiae of DKT Liberty Project filed. |
| Jul 22 2020 | Brief amici curiae of Roderick & Solange MacArthur Justice Center and Phillips Black, Inc., in support of neither party filed. |
| Jul 22 2020 | Brief amicus curiae of Law Professors and Social Scientists filed. |
| Jul 22 2020 | Brief amici curiae of Edward L. Tarpley, Jr., et al. filed. |
| Jul 22 2020 | Brief amici curiae of Federal Public Defender for the District of Oregon and the Oregon Criminal Defense Lawyers Association filed. |
| Jul 22 2020 | Brief amicus curiae of Innocence Project New Orleans filed. |
| Jul 22 2020 | Brief amici curiae of Former Judges, Prosecutors, and Public Officials filed. |
| Jul 22 2020 | Brief amicus curiae of JonRe Taylor filed. |
| Jul 22 2020 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. |
| Sep 02 2020 | Motion for a further extension of time to file respondent's brief on the merits filed. |
| Sep 08 2020 | Motion for a further extension of time to file respondent's brief on the merits granted, and the time is extended to and including September 28, 2020. |
| Sep 16 2020 | SET FOR ARGUMENT on Monday, November 30, 2020. |
| Sep 28 2020 | Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy filed. |
| Oct 05 2020 | Brief amicus curiae of United States filed. |
| Oct 05 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 05 2020 | Brief amicus curiae of Commonwealth of Puerto Rico filed. |
| Oct 05 2020 | Brief amicus curiae of State of Oregon filed. |
| Oct 08 2020 | Record requested from the U.S.C.A. 5th Circuit. |
| Oct 14 2020 | Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER. |
| Oct 19 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 20 2020 | Removed for argument on Monday, November 30, 2020. |
| Oct 20 2020 | SET FOR ARGUMENT on Wednesday, December 2, 2020. |
| Oct 27 2020 | CIRCULATED |
| Oct 28 2020 | Reply of petitioner Thedrick Edwards filed. (Distributed) |
| Dec 02 2020 | Argued. For petitioner: André Bélanger, Baton Rouge, La. For respondent: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jan 27 2021 | Record received from the U.S.D.C Middle District of Louisiana. (1 Box) |
| May 17 2021 | Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. |
| Jun 18 2021 | JUDGMENT ISSUED. |
| Jul 26 2021 | Record returned the U.S.D.C Middle District of Louisiana. (1 Box) |
