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Steward v. Gable

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Petition for certiorari denied on April 24, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-581 9th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether Oregon Evidence Code Rule 804(3)(c), which allows admission of an out-of-court statement against penal interest only if the declarant is unavailable and the statement is supported by corroborating circumstances that clearly indicate its trustworthiness, violates the due process clause of the 14th Amendment as interpreted by Chambers v. Mississippi when it excludes a third-party confession that is recanted by the declarant in court and inconsistent with known facts about the crime; and (2) whether recantations by trial witnesses and a recanted third-party confession are sufficient to satisfy Schlup v. Delo.

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DateProceedings and Orders (key to color coding)
Dec 20 2022Petition for a writ of certiorari filed. (Response due January 23, 2023)
Jan 18 2023Motion to extend the time to file a response from January 23, 2023 to March 17, 2023, submitted to The Clerk.
Jan 19 2023Motion to extend the time to file a response is granted and the time is extended to and including March 17, 2023.
Mar 16 2023Motion for leave to proceed in forma pauperis filed by respondent Frank E. Gable.
Mar 16 2023Brief of respondent Frank E. Gable in opposition filed.
Mar 17 2023Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
Mar 24 2023Reply of petitioner Heidi R. Steward, Acting Director, Oregon Department of Corrections filed.
Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
Apr 17 2023DISTRIBUTED for Conference of 4/21/2023.
Apr 24 2023Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Apr 24 2023Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.