Pena-Rodriguez v. Colorado

Docket No.	Argument	Opinion	Vote	Author	Term
15-606	Oct 11, 2016	Mar 6, 2017	5-3	Kennedy	OT 2016

Holding: When a juror makes a clear statement indicating that he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror's statement and any resulting denial of the jury trial guarantee.

Judgment: Reversed and remanded, 5-3, in an opinion by Justice Kennedy on March 6, 2017. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined.

SCOTUSblog Coverage

Opinion analysis: Divided court rules for defendant in juror-bias case (Amy Howe, March 6, 2017)
Argument analysis: Court poised to strike down state ruling barring evidence of juror bias? (Amy Howe, October 11, 2016)
Argument preview: Justices to consider racial bias in jury deliberations (Amy Howe, October 5, 2016)
Court to rule on challenge to juror bias (Lyle Denniston, April 4, 2016)

Date	Proceedings and Orders (key to color coding)
08/31/2015	Application (15A265) to extend the time to file a petition for a writ of certiorari from September 13, 2015 to November 12, 2015, submitted to Justice Sotomayor.
09/10/2015	Application (15A265) granted by Justice Sotomayor extending the time to file until November 12, 2015.
11/10/2015	Petition for a writ of certiorari filed. (Response due December 10, 2015)
11/12/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
11/13/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
11/16/2015	Waiver of right of respondent Colorado to respond filed.
12/02/2015	DISTRIBUTED for Conference of January 8, 2016.
12/08/2015	Response Requested.(Due January 7, 2016)
12/08/2015	Brief amicus curiae of National Congress of American Indians filed.
12/10/2015	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
12/10/2015	Brief amici curiae of Professors of Law filed.
12/10/2015	Brief amicus curiae of Center on the Administration of Criminal Law filed.
12/21/2015	Order extending time to file response to petition to and including February 19, 2016.
01/07/2016	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
01/07/2016	Brief amici curiae of Retired Judges filed.
02/19/2016	Brief of respondent Colorado in opposition filed.
03/07/2016	Reply of petitioner Miguel Angel Pena-Rodriguez filed.
03/09/2016	DISTRIBUTED for Conference of March 25, 2016.
03/28/2016	DISTRIBUTED for Conference of April 1, 2016.
04/04/2016	Petition GRANTED.
04/22/2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 23, 2016.
04/22/2016	The time to file respondent's brief on the merits is extended to and including August 29, 2016.
05/04/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
05/11/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
06/23/2016	Joint appendix filed. (Statement of costs filed.)
06/23/2016	Brief of petitioner Miguel Angel Pena-Rodriguez filed.
06/24/2016	Brief amicus curiae of The United Mexican States filed.
06/30/2016	Brief amicus curiae of Constitutional Accountability Center filed.
06/30/2016	Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed.
06/30/2016	Brief amicus curiae of National Association of Federal Defenders filed.
06/30/2016	Brief amici curiae of Professors of Law filed.
06/30/2016	Brief amicus curiae of Professor Cedric Merlin Powell filed.
06/30/2016	Brief amici curiae of the Hispanic National Bar Association, et al. filed.
06/30/2016	Brief amicus curiae of Center on the Administration of Criminal Law filed.
07/13/2016	SET FOR ARGUMENT on Tuesday, October 11, 2016.
07/22/2016	Record requested from the Supreme Court of Colorado.
08/19/2016	CIRCULATED.
08/29/2016	Brief of respondent Colorado filed. (Distributed)
09/06/2016	Brief amicus curiae of United States filed. (Distributed)
09/06/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/06/2016	Brief amicus curiae of Colorado District Attorneys' Council filed. (Distributed)
09/06/2016	Brief amici curiae of Indiana, et al. filed. (Distributed)
09/06/2016	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
09/14/2016	Record received from the Supreme Court of Colorado. 1 Envelope partially SEALED and electronic.
09/19/2016	Reply of petitioner Miguel Angel Pena-Rodriguez filed. (Distributed)
09/26/2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/11/2016	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Frederick R. Yarger, Solicitor General, Denver, Colo.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
03/06/2017	Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J. and Thomas, J., joined.
04/07/2017	JUDGMENT ISSUED.
04/07/2017	MANDATE ISSUED.
08/07/2017	Record from the Supreme Court of Colorado has been returned.