Tharpe v. Ford
Petition for certiorari denied on March 18, 2019
Issues: (1) Whether Pena-Rodriguez v. Colorado applies retroactively to cases on collateral review; and (2) whether the U.S. Court of Appeals for the 11th Circuit erred in concluding that no reasonable jurist could debate whether petitioner’s colorable claim – that his death sentence is invalid because a juror voted to impose it based on petitioner’s race – together with the Supreme Court’s intervening decision in Pena-Rodriguez constitute extraordinary circumstances under Federal Rule of Civil Procedure 60(b) that would warrant reopening petitioner’s federal habeas proceeding to address the merits of that claim.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 09 2018 | Application (18A389) to extend the time to file a petition for a writ of certiorari from November 8, 2018 to November 22, 2018, submitted to Justice Thomas. |
| Oct 11 2018 | Application (18A389) granted by Justice Thomas extending the time to file until November 22, 2018. |
| Nov 21 2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018) |
| Dec 20 2018 | Amicus brief of NAACP Legal Defense & Educational Fund, Inc. not accepted for filing. (December 20, 2018)(Corrected version submitted) |
| Dec 20 2018 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (12/212018) |
| Dec 20 2018 | Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk. |
| Dec 27 2018 | Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2019. |
| Jan 25 2019 | Brief of respondent Benjamin Ford in opposition filed. |
| Feb 04 2019 | Notice of substitution of counsel of record of Keith Tharpe not accepted for filing. (February 04, 2019 -- Document not of the type that is to be filed electronically) |
| Feb 08 2019 | Reply of petitioner Keith Tharpe filed. |
| Feb 14 2019 | DISTRIBUTED for Conference of 3/1/2019. |
| Mar 11 2019 | DISTRIBUTED for Conference of 3/15/2019. |
| Mar 18 2019 | Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion) |
