Shinn v. Ramirez

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1009	9th Cir.	Dec 8, 2021	May 23, 2022	6-3	Thomas	OT 2021

Holding: Under 28 U.S.C. " 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state court record based on the ineffective assistance of state postconviction counsel.

Judgment: Reversed, 6-3, in an opinion by Justice Thomas on May 23, 2022. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

SCOTUSblog Coverage

Announcement of orders and opinions for Monday, May 23 (complete) (Angie Gou, May 23, 2022)
Divided court restricts prisoners ability to pursue claims that their lawyers were incompetent (Noam Biale, May 23, 2022)
Conservative majority hollows out precedent on ineffective-counsel claims in federal court (Noam Biale, May 23, 2022)
In odd clash of statutory text and habeas precedent, three conservative justices seem undecided (Noam Biale, December 10, 2021)
Court will consider whether prisoners can develop certain evidence in federal court to challenge their convictions (Noam Biale, December 7, 2021)
New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
Court dismisses abortion gag rule cases, adds arbitration and habeas cases to docket (Amy Howe, May 17, 2021)
3D-printed firearms and liability for police shootings (James Romoser, February 12, 2021)

Date	Proceedings and Orders (key to color coding)
01/20/2021	Petition for a writ of certiorari filed. (Response due February 26, 2021)
02/17/2021	Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
02/18/2021	Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
02/26/2021	Brief amici curiae of The States of Texas, Alabama, Arkansas, Florida, Indiana, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oregon, South Carolina, and Utah filed.
03/29/2021	Brief of respondent David Martinez Ramirez in opposition filed.
04/14/2021	DISTRIBUTED for Conference of 4/30/2021.
04/16/2021	Reply of petitioners David Shinn, et al. filed. (Distributed)
05/10/2021	DISTRIBUTED for Conference of 5/13/2021.
05/17/2021	Petition GRANTED.
05/25/2021	Motion for an extension of time to file the briefs on the merits filed.
06/08/2021	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2021. The time to file respondents' brief on the merits is extended to and including September 13, 2021.
06/10/2021	Blanket Consent filed by Petitioner, David Shinn, et al.
06/10/2021	Blanket Consent filed by Respondent, David Martinez Ramirez
07/14/2021	Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan.
07/15/2021	Brief of petitioners David Shinn, et al. filed.
07/15/2021	Joint appendix filed. (Statement of cost received)
07/22/2021	Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
07/22/2021	Brief amici curiae of The States of Texas, et al. filed.
07/22/2021	Brief amicus curiae of Criminal Justice Legal Foundation filed.
07/23/2021	Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits.
08/16/2021	ARGUMENT SET FOR Monday, November 1, 2021.
09/01/2021	Record requested from the U.S.C.A. 9th Circuit.
09/13/2021	Brief of respondents David Martinez Ramirez & Barry Lee Jones filed.
09/20/2021	Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed)
09/20/2021	Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed)
09/20/2021	Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed)
09/20/2021	Brief amicus curiae of The Innocence Network filed. (Distributed)
09/20/2021	Brief amici curiae of Habeas Scholars filed. (Distributed)
09/20/2021	Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed)
09/20/2021	Brief amicus curiae of American Bar Association filed. (Distributed)
09/20/2021	Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed)
09/20/2021	Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21.
09/21/2021	CIRCULATED
10/13/2021	Reply of petitioners David Shinn, et al. filed. (Distributed)
10/14/2021	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
10/22/2021	REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling.
10/26/2021	ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021
11/03/2021	The record from the U.S.D.C. District of Arizona is electronic and located on Pacer. Also sent is one box of state court records from the Arizona Supreme Court containing 41 documents and one Sealed envelope.
12/08/2021	Argued. For petitioner: Brunn W. Roysden, III, Solicitor General, Phoenix, Ariz. For respondents: Robert M. Loeb, Washington, D. C.
05/23/2022	Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
06/03/2022	Motion to modify opinion filed by respondents.
06/13/2022	Response to motion to modify opinion filed by petitioner.
06/21/2022	Motion DISTRIBUTED for Conference of 6/23/2022.
06/27/2022	Motion of respondents to modify opinion issued on May 23, 2022 DENIED.
06/29/2022	JUDGMENT ISSUED
01/12/2023	Record returned to U.S.D.C. District of Arizona (one box of state court records from the Arizona Supreme Court containing 41 documents and one sealed envelope)