| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-11 | 9th Cir. | Not Argued | Mar 18, 2013 | TBD | TBD | OT 12 |
Issue: Whether the Ninth Circuit’s panel opinion conflicts with the Anti-Terrorism and Effective Death Penalty Act (AEDPA) and this Court's decisions in Harrington v. Richter, and Cullen v. Pinholster insofar as it (a) treated AEDPA’s deferential standard as a waivable defense, rather than an inherent restriction on a federal court’s authority, (b) refused to find that the state post-conviction (PCR) court issued a merits ruling on respondent’s ineffective-assistance-of-counsel claim, when the state court expressly ruled that none of respondent’s PCR claims were colorable, and (c) considered evidence presented for the first time in federal court to grant habeas relief.
Judgment: Vacated and remanded on March 18, 2013.
| Date | Proceedings and Orders |
|---|---|
| May 22 2012 | Application (11A1119) to extend the time to file a petition for a writ of certiorari from May 29, 2012 to June 28, 2012, submitted to Justice Kennedy. |
| May 25 2012 | Response to application from respondent Steven Craig James filed. |
| May 25 2012 | Application (11A1119) granted by Justice Kennedy extending the time to file until June 28, 2012. |
| Jun 28 2012 | Petition for a writ of certiorari filed. (Response due August 2, 2012) |
| Jun 28 2012 | Appendix of Charles L. Ryan, Director, Arizona Department of Corrections filed. |
| Jul 17 2012 | Order extending time to file response to petition to and including September 13, 2012. |
| Sep 10 2012 | Brief of respondent Steven Craig James in opposition filed. |
| Sep 25 2012 | Reply of petitioner Charles L. Ryan, Director, Arizona Department of Corrections filed. (Distributed) |
| Sep 26 2012 | DISTRIBUTED for Conference of October 12, 2012. |
| Feb 20 2013 | DISTRIBUTED for Conference of February 22, 2013. |
| Feb 25 2013 | DISTRIBUTED for Conference of March 1, 2013. |
| Mar 4 2013 | DISTRIBUTED for Conference of March 15, 2013. |
| Mar 18 2013 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Johnson v. Williams, 568 U. S. ___ (2013). |
| Apr 19 2013 | JUDGMENT ISSUED. |
| May 1 2013 | Motion to retax costs filed by respondent Steven Craig James. |
| May 14 2013 | Motion DISTRIBUTED for Conference of May 30, 2013. |
| Jun 3 2013 | Motion to retax costs filed by respondent GRANTED. |
| Jun 3 2013 | Revised JUDGMENT ISSUED. |
