McQuiggin v. Perkins
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-126 | 6th Cir. | Feb 25, 2013 | May 28, 2013 | 5-4 | Ginsburg | OT 2012 |
Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.
SCOTUSblog Coverage
- Opinion analysis: Innocence exception survives, innocence claim does not (Updated) (Jordan Steiker, May 29, 2013)
- Argument recap: Habeas irony procedural obstacles might prevent Court from reaching merits of procedural issue (Jordan Steiker, March 1, 2013)
- Argument preview: Is the innocence exception to procedural obstacles itself subject to procedural obstacles? (Jordan Steiker, February 21, 2013)
- Petition of the day (Ben Cheng, October 20, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/25/2012 | Petition for a writ of certiorari filed. (Response due August 27, 2012) |
| 08/09/2012 | Order extending time to file response to petition to and including September 26, 2012. |
| 08/27/2012 | Brief amici curiae of Alabama, et al. filed. |
| 09/26/2012 | Brief of respondent Floyd Perkins in opposition filed. |
| 10/09/2012 | Reply of petitioner Greg McQuiggin, Warden filed. (Distributed) |
| 10/10/2012 | DISTRIBUTED for Conference of October 26, 2012. |
| 10/29/2012 | Petition GRANTED. |
| 12/13/2012 | Joint appendix filed. (Statement of costs filed) |
| 12/13/2012 | Brief of petitioner Greg McQuiggin, Warden filed. |
| 12/18/2012 | SET FOR ARGUMENT Monday, February 25, 2013. |
| 12/20/2012 | Brief amici curiae of Alabama, et al. filed. |
| 12/21/2012 | The time to file respondent's brief on the merits is extended to and including January 18, 2013. |
| 01/04/2013 | CIRCULATED. |
| 01/08/2013 | Record from the U.S.C.A. for 6th Circuit is electronic. |
| 01/15/2013 | Record from the U.S.D.C. for Western District of Michigan is electronic. |
| 01/18/2013 | Brief of respondent Floyd Perkins filed. (Distributed) |
| 01/25/2013 | Brief amicus curiae of The Innocence Network filed. (Distributed) |
| 01/25/2013 | Brief amici curiae of former and current law enforcement officials filed. (Distributed) |
| 02/15/2013 | Reply of petitioner Greg McQuiggin, Warden filed. (Distributed) |
| 02/25/2013 | Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondent: Chad A. Readler, Columbus, Ohio. |
| 05/28/2013 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined, and in which Alito, J., joined as to Parts I, II, and III. |
| 07/01/2013 | JUDGMENT ISSUED. |
Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in”Schlup v. Delo”and”House v. Bell,”or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.
Judgment:”Vacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.