Burt v. Titlow
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-414 | 6th Cir. | Oct 8, 2013 | Nov 5, 2013 | 9-0 | Alito | OT 2013 |
Holding: The Sixth Circuit failed to apply the "doubly deferential" standard of review recognized by the Court's case law when it refused to credit the state court's reasonable factual finding and assumed that counsel was ineffective where the record was silent.
Judgment: Reversed, 9-0, in an opinion by Justice Alito on November 5, 2013. Justice Sotomayor filed a concurring opinion. Justice Ginsburg filed an opinion concurring in the judgment.
SCOTUSblog Coverage
- Opinion analysis: Court says more about federal habeas review than ineffective assistance in plea bargaining (Rory Little, November 6, 2013)
- Argument analysis: State seems likely to prevail in plea-bargaining case (Rory Little, October 9, 2013)
- A messy follow-up to Lafler and Frye: Can “fun” facts produce “good” law? (Rory Little, October 7, 2013)
- Court grants two cases (Lyle Denniston, February 25, 2013)
- Petition of the day (Ben Cheng, December 11, 2012)
| Date | Proceedings and Orders |
|---|---|
| Aug 15 2012 | Application (12A166) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan. |
| Aug 22 2012 | Response to application (12A166) requested by Justice Kagan, due Thursday, August 30, 2012, by 4 p.m. EDT. |
| Aug 29 2012 | Response to application from respondent Vonlee Nicole Titlow filed. |
| Sep 7 2012 | Application (12A166) denied by Justice Kagan. |
| Oct 2 2012 | Petition for a writ of certiorari filed. (Response due November 5, 2012) |
| Oct 23 2012 | Brief of respondent Vonlee Nicole Titlow in opposition filed. |
| Oct 23 2012 | Motion for leave to proceed in forma pauperis filed by respondent Vonlee Nicole Titlow. |
| Nov 5 2012 | DISTRIBUTED for Conference of November 20, 2012. |
| Nov 5 2012 | Brief amici curiae of Connecticut and 18 Other States filed. (Distributed) |
| Nov 9 2012 | Reply of petitioner Sherry L. Burt, Warden filed. (Distributed) |
| Nov 16 2012 | Record Requested . |
| Nov 21 2012 | Record received from the U.S. Court of Appeals for the Sixth Circuit Electronic and located on PACER. |
| Nov 23 2012 | Record received from the U.S. District Court for the Eastern District of Michigan (CD format). |
| Nov 28 2012 | DISTRIBUTED for Conference of January 4, 2013. |
| Jan 7 2013 | DISTRIBUTED for Conference of January 11, 2013. |
| Jan 14 2013 | DISTRIBUTED for Conference of January 18, 2013. |
| Feb 4 2013 | DISTRIBUTED for Conference of February 15, 2013. |
| Feb 19 2013 | DISTRIBUTED for Conference of February 22, 2013. |
| Feb 25 2013 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Feb 25 2013 | Petition GRANTED. |
| Mar 11 2013 | Motion to appoint counsel filed by respondent Vonlee Nicole Titlow. |
| Apr 4 2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2013. |
| Apr 10 2013 | Motion DISTRIBUTED for Conference of April 26, 2013. |
| Apr 29 2013 | Motion to appoint counsel filed by respondent GRANTED. Valerie Newman, of Detroit, Michigan, is appointed to serve as counsel for the respondent in this case. |
| Jun 10 2013 | Joint appendix filed. (Statement of costs filed) |
| Jun 10 2013 | Brief of petitioner Sherry L. Burt, Warden filed. |
| Jun 17 2013 | Brief amicus curiae of United States filed. |
| Jun 17 2013 | Brief amici curiae of Connecticut and 34 Other States filed. |
| Jul 8 2013 | The time to file respondent's brief on the merits is further extended to and including July 17, 2013. |
| Jul 8 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Jul 17 2013 | Brief of respondent Vonlee Nicole Titlow filed. |
| Jul 17 2013 | Consent to the filing of amicus curiae briefs from either party or neither party received from counsel for the respondent. |
| Jul 22 2013 | CIRCULATED. |
| Jul 23 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jul 23 2013 | SET FOR ARGUMENT on Tuesday, October 8, 2013. |
| Jul 24 2013 | Brief amicus curiae of Constitution Project filed. (Distributed) |
| Jul 24 2013 | Brief amicus curiae of The Ethics Bureau at Yale filed. (Distributed) |
| Jul 24 2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| Jul 24 2013 | Brief amicus curiae of Center on the Administration of Criminal Law, New York University School of Law filed. (Distributed) |
| Jul 26 2013 | Proposal of counsel for petitioner to lodge copies of the official transcripts and opinion from Vonlee Titlow v. Frederick Toca, et al. (Oakland County Circuit Court No. 3-054451-CZ). |
| Aug 2 2013 | Record from U.S.C.A. for 6th Circuit is electronic |
| Aug 13 2013 | Opposition of respondent to petitioner's lodging proposal. |
| Aug 16 2013 | Reply of petitioner Sherry L. Burt, Warden filed. (Distributed) |
| Aug 30 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 8 2013 | Argued. For petitioner: John J. Bursch, Solicitor General, Lansing, Mich.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Valerie R. Newman, Assistant Defender, Detroit, Mich. |
| Oct 11 2013 | Electronic record received from Court of Appeals of Michigan. |
| Nov 5 2013 | Judgment REVERSED Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in the judgment. |
| Dec 9 2013 | JUDGMENT ISSUED. |
