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Shinn v. Ramirez
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-1009 | 9th Cir. | Dec 8, 2021 | May 23, 2022 | 6-3 | Thomas | OT 2021 |
Holding: Under 28 U.S.C. § 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state court record based on the ineffective assistance of state postconviction counsel.
Judgment: Reversed, 6-3, in an opinion by Justice Thomas on May 23, 2022. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.
SCOTUSblog Coverage
- Conservative majority hollows out precedent on ineffective-counsel claims in federal court (Noam Biale, May 23, 2022)
- Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent (Noam Biale, May 23, 2022)
- Announcement of orders and opinions for Monday, May 23 (complete) (Angie Gou, May 23, 2022)
- In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided (Noam Biale, December 9, 2021)
- Court will consider whether prisoners can develop certain evidence in federal court to challenge their convictions (Noam Biale, December 7, 2021)
- New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
- Court dismisses abortion “gag rule” cases, adds arbitration and habeas cases to docket (Amy Howe, May 17, 2021)
- 3D-printed firearms and liability for police shootings (James Romoser, February 12, 2021)
| Date | Proceedings and Orders |
|---|---|
| Jan 20 2021 | Petition for a writ of certiorari filed. (Response due February 26, 2021) |
| Feb 17 2021 | Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk. |
| Feb 18 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021. |
| Feb 26 2021 | Brief amici curiae of The States of Texas, Alabama, Arkansas, Florida, Indiana, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oregon, South Carolina, and Utah filed. |
| Mar 29 2021 | Brief of respondent David Martinez Ramirez in opposition filed. |
| Apr 14 2021 | DISTRIBUTED for Conference of 4/30/2021. |
| Apr 16 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed) |
| May 10 2021 | DISTRIBUTED for Conference of 5/13/2021. |
| May 17 2021 | Petition GRANTED. |
| May 25 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Jun 08 2021 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2021. The time to file respondents' brief on the merits is extended to and including September 13, 2021. |
| Jun 10 2021 | Blanket Consent filed by Petitioner, David Shinn, et al. |
| Jun 10 2021 | Blanket Consent filed by Respondent, David Martinez Ramirez |
| Jul 14 2021 | Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan. |
| Jul 15 2021 | Brief of petitioners David Shinn, et al. filed. |
| Jul 15 2021 | Joint appendix filed. (Statement of cost received) |
| Jul 22 2021 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. |
| Jul 22 2021 | Brief amici curiae of The States of Texas, et al. filed. |
| Jul 22 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Jul 23 2021 | Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits. |
| Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Sep 13 2021 | Brief of respondents David Martinez Ramirez & Barry Lee Jones filed. |
| Sep 20 2021 | Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed) |
| Sep 20 2021 | Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed) |
| Sep 20 2021 | Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed) |
| Sep 20 2021 | Brief amicus curiae of The Innocence Network filed. (Distributed) |
| Sep 20 2021 | Brief amici curiae of Habeas Scholars filed. (Distributed) |
| Sep 20 2021 | Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed) |
| Sep 20 2021 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Sep 20 2021 | Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed) |
| Sep 20 2021 | Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21. |
| Sep 21 2021 | CIRCULATED |
| Oct 13 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed) |
| Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. |
| Oct 22 2021 | REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling. |
| Oct 26 2021 | ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021 |
| Nov 03 2021 | The record from the U.S.D.C. District of Arizona is electronic and located on Pacer. Also sent is one box of state court records from the Arizona Supreme Court containing 41 documents and one Sealed envelope. |
| Dec 08 2021 | Argued. For petitioner: Brunn W. Roysden, III, Solicitor General, Phoenix, Ariz. For respondents: Robert M. Loeb, Washington, D. C. |
| May 23 2022 | Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined. |
| Jun 03 2022 | Motion to modify opinion filed by respondents. |
| Jun 13 2022 | Response to motion to modify opinion filed by petitioner. |
| Jun 21 2022 | Motion DISTRIBUTED for Conference of 6/23/2022. |
| Jun 27 2022 | Motion of respondents to modify opinion issued on May 23, 2022 DENIED. |
| Jun 29 2022 | JUDGMENT ISSUED |
| Jan 12 2023 | Record returned to U.S.D.C. District of Arizona (one box of state court records from the Arizona Supreme Court containing 41 documents and one sealed envelope) |
