White v. Woodall
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-794 | 6th Cir. | Dec 11, 2013 | Apr 23, 2014 | 6-3 | Scalia | OT 2013 |
Holding: Because the Kentucky Supreme Court"s rejection of respondent"s Fifth Amendment claim was not objectively unreasonable, the Sixth Circuit erred in granting the writ of habeas.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Scalia on April 23, 2014. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg and Justice Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Extending limitations on habeas relief (Jordan Steiker, April 24, 2014)
- Argument analysis: Remorseless application of AEDPA? (Jordan Steiker, December 12, 2013)
- Argument preview: Varying degrees of speaking and silence (Jordan Steiker, December 6, 2013)
- Petition of the day (Mary Pat Dwyer, April 12, 2013)
| Date | Proceedings and Orders |
|---|---|
| 12/26/2012 | Petition for a writ of certiorari filed. (Response due February 4, 2013) |
| 12/26/2012 | Appendix of Randy White, Warden filed. |
| 01/25/2013 | Order extending time to file response to petition to and including March 6, 2013. |
| 03/06/2013 | Brief of respondent Robert Keith Woodall in opposition filed. |
| 03/06/2013 | Motion for leave to proceed in forma pauperis filed by respondent Robert Keith Woodall. |
| 03/20/2013 | DISTRIBUTED for Conference of April 12, 2013. |
| 03/25/2013 | Reply of petitioner Randy White, Warden filed. (Distributed) |
| 04/09/2013 | Record Requested . |
| 04/10/2013 | Record received for the U.S. Court of Appeals for the Sixth Circuit and for the U.S. District Court for the Western District of Kentucy are electronically filed (Not on PACER) |
| 04/16/2013 | DISTRIBUTED for Conference of May 9, 2013. |
| 04/26/2013 | Record received from U.S. District Court for the Western District of Kentucky at Paducah (2 Boxes). |
| 04/30/2013 | DISTRIBUTED for Conference of May 16, 2013. |
| 05/20/2013 | DISTRIBUTED for Conference of May 23, 2013. |
| 05/28/2013 | DISTRIBUTED for Conference of May 30, 2013. |
| 06/03/2013 | DISTRIBUTED for Conference of June 6, 2013. |
| 06/10/2013 | DISTRIBUTED for Conference of June 13, 2013. |
| 06/17/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/25/2013 | DISTRIBUTED for Conference of June 26, 2013. |
| 06/27/2013 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 06/27/2013 | Petition GRANTED. |
| 07/12/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2013. |
| 07/18/2013 | Motion to appoint counsel filed by respondent Robert Keith Woodall. |
| 07/24/2013 | Motion DISTRIBUTED for Conference of September 30, 2013. |
| 09/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner and counsel for the respondent. |
| 09/11/2013 | Joint appendix filed. (Statement of costs filed) |
| 09/11/2013 | Brief of petitioner Randy White, Warden filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Wednesday December 11, 2013. |
| 09/17/2013 | CIRCULATED |
| 09/17/2013 | Brief amici curiae of Arizona and Thirteen Other States filed. (Distributed) |
| 09/18/2013 | Brief amicus curiae of Texas filed. (Distributed) |
| 09/18/2013 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 10/01/2013 | The time to file respondent's brief on the merits is extended to and including November 12, 2013. |
| 10/07/2013 | Motion to appoint counsel filed by respondent GRANTED. Laurence E. Komp, Esquire, of Manchester, Missouri, is appointed to serve as counsel for the respondent in this case. |
| 11/12/2013 | Brief of respondent Robert Keith Woodall filed. (Distributed) |
| 11/19/2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 11/19/2013 | Brief amicus curiae of Los Angeles County Public Defender's Office filed. (Distributed) |
| 12/03/2013 | Reply of petitioner Randy White, Warden filed. (Distributed) |
| 12/11/2013 | Argued. For petitioner: Susan R. Lenz, Assistant Attorney General, Frankfort, Ky. For respondent: Laurence E. Komp, Manchester, Mo. (Appointed by this Court.) |
| 04/23/2014 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Alito, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. |
| 05/19/2014 | Petition for Rehearing filed. |
| 05/27/2014 | DISTRIBUTED for Conference of June 12, 2014. |
| 06/16/2014 | Rehearing DENIED. |
| 06/16/2014 | JUDGMENT ISSUED. |
| 06/17/2014 | Record returned for U.S.C.A. 6th Circuit. |
Issue: (1) Whether the Sixth Circuit violated 28 U.S.C. 2254(d)(1) by granting habeas relief on the trial court’s failure to provide a no-adverse-inference instruction even though the Supreme Court has not “clearly established” that such an instruction is required in a capital penalty phase when a non-testifying defendant has pleaded guilty to the crimes and aggravating circumstances; and (2) whether the Sixth Circuit violated the harmless error standard in”Brecht v. Abrahamson”in ruling that the absence of a no-adverse-interference instruction was not harmless in spite of overwhelming evidence of guilt and in the face of a guilty pleas to the crimes and aggravators.