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Kernan v. Hinojosa

Docket No. Argument Opinion Vote Author Term
15-833 Not Argued May 16, 2016 6-2 Per Curiam OT 2015

Holding: Because the Supreme Court of California's summary denial of Antonio Hinojosa's petition for federal habeas relief was on the merits, the Ninth Circuit should have reviewed Hinojosa's ex post facto claim through deferential, rather than de novo, review as mandated by the Antiterrorism and Effective Death Penalty Act of 1996.

Judgment: Summarily reversed in a per curiam opinion on May 16, 2016. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

DateProceedings and Orders (key to color coding)
12/24/2015Petition for a writ of certiorari filed. (Response due January 28, 2016)
01/20/2016Order extending time to file response to petition to and including February 29, 2016.
02/29/2016Brief of respondent Antonio A. Hinojosa in opposition filed.
02/29/2016Motion for leave to proceed in forma pauperis filed by respondent Antonio A. Hinojosa.
03/15/2016Reply of petitioner Scott Kernan, Secretary, California Department of Corrections and Rehabilitation filed. (Distributed)
03/16/2016DISTRIBUTED for Conference of April 1, 2016.
04/11/2016DISTRIBUTED for Conference of April 15, 2016.
04/18/2016DISTRIBUTED for Conference of April 22, 2016.
04/25/2016DISTRIBUTED for Conference of April 29, 2016.
05/09/2016DISTRIBUTED for Conference of May 12, 2016.
05/16/2016Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
05/16/2016Petition GRANTED. Judgment REVERSED. Opinion per curiam. (Detached Opinion). Justice Sotomayor, dissenting. (Detached Opinion)
06/17/2016JUDGMENT ISSUED