Jennings v. Stephens
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-7211 | 5th Cir. | Oct 15, 2015 | Jan 14, 2015 | 6-3 | Scalia | OT 2014 |
Holding: A prisoner who sought federal habeas relief based on three theories of ineffective assistance of counsel and prevailed in the district court on two of them is not required to file a cross-appeal or seek a certificate of appealability on the third theory to rely on it as part of his defense against the state"s appeal.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Scalia on January 14, 2015. Justice Thomas filed a dissenting opinion, in which Justice Kennedy and Justice Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Even habeas appellees may argue any ground fairly presented by the record so long as it does not enlarge the appellees rights (Rory Little, January 16, 2015)
- Argument analysis: Sometimes oral argument does not produce clarity (Rory Little, October 17, 2014)
- Argument preview: What can a federal habeas petitioner argue when defending a judgment in his favor? (Rory Little, October 14, 2014)
- Arbitration with public spectators? Maybe . . . (Lyle Denniston, March 24, 2014)
| Date | Proceedings and Orders |
|---|---|
| 10/28/2013 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2013) |
| 12/05/2013 | Order extending time to file response to petition to and including January 3, 2014. |
| 12/26/2013 | Order further extending time to file response to petition to and including February 3, 2014. |
| 02/03/2014 | Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed. |
| 02/20/2014 | DISTRIBUTED for Conference of March 7, 2014. |
| 03/10/2014 | DISTRIBUTED for Conference of March 21, 2014. |
| 03/24/2014 | Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to Question 4 presented by the petition. |
| 04/01/2014 | Motion to appoint counsel filed by petitioner Robert Mitchell Jennings. |
| 04/14/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2014. |
| 04/14/2014 | The time to file respondent's brief on the merits is extended to and including August 12, 2014. |
| 04/16/2014 | Motion DISTRIBUTED for Conference of May 2, 2014. |
| 05/05/2014 | Motion to appoint counsel filed by petitioner GRANTED. Randolph L. Schaffer, Jr., Esquire, of Houston, Texas is appointed to serve as counsel for the petitioner in this case |
| 06/06/2014 | Joint appendix filed. (Statement of costs filed) |
| 06/06/2014 | Brief of petitioner Robert Mitchell Jennings filed. |
| 06/17/2014 | Brief amicus curiae of Criminal Justice Legal Foundation in support of neither party filed. |
| 07/09/2014 | Record requested from U.S.C.A. 5th Circuit. |
| 07/18/2014 | SET FOR ARGUMENT ON Wednesday, October 15, 2014 |
| 07/22/2014 | Record received from U.S.C.A. 5th Circuit is electronic and located on PACER. |
| 07/29/2014 | Record received from U.S.D.C. Southern District of Texas Houston Division. (2 - Box) |
| 08/12/2014 | Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. |
| 08/14/2014 | CIRCULATED. |
| 09/11/2014 | Reply of petitioner Robert Mitchell Jennings filed. (Distributed) |
| 10/15/2014 | Argued. For petitioner: Randolph L. Schaffer, Jr., Houston, Tex. For respondent: Andrew S. Oldham, Deputy Solicitor General, Austin, Tex. |
| 01/14/2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined. |
| 02/18/2015 | JUDGMENT ISSUED. |
| 02/20/2015 | Record returned to U.S.D.C. Southern District of Texas Houston Division. 2 Boxes. |