Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Delling v. Idaho

Petition for certiorari denied on November 26, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1515 Idaho N/A N/A N/A N/A OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the petitioner in this case, which is listed without regard to the likelihood that it will be granted.

Issue: Whether the Fourteenth or Eighth Amendment mandates the availability of an insanity defense in criminal cases, an issue this Court reserved in Clark v. Arizona, footnote 20.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 21 2012Application (11A905) to extend the time to file a petition for a writ of certiorari from April 26, 2012 to May 29, 2012, submitted to Justice Kennedy.
Mar 30 2012Application (11A905) granted by Justice Kennedy extending the time to file until May 29, 2012.
May 17 2012Application (11A905) to extend further the time to file a petition for a writ of certiorari from May 29, 2012 to June 13, 2012, submitted to Justice Kennedy.
May 22 2012Application (11A905) granted by Justice Kennedy extending the time to file until June 13, 2012.
Jun 13 2012Petition for a writ of certiorari filed. (Response due July 16, 2012)
Jun 27 2012Waiver of right of respondent Idaho to respond filed.
Jul 6 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 16 2012Brief amici curiae of American Psychiatric Association, et al. filed.
Jul 16 2012Brief amici curiae of 52 Criminal Law and Mental Health Law Professors filed.
Jul 16 2012Brief amici curiae of Idaho Association of Criminal Defense Lawyers, et al. filed. (Distributed)
Jul 16 2012Brief amicus curiae of Constitutional Accountability Center filed.
Jul 18 2012DISTRIBUTED for Conference of September 24, 2012.
Jul 25 2012Response Requested . (Due August 24, 2012)
Aug 21 2012Order extending time to file response to petition to and including September 24, 2012.
Sep 24 2012Brief of respondent Idaho in opposition filed.
Oct 10 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 10 2012Reply of petitioner John Joseph Delling filed. (Distributed)
Oct 29 2012DISTRIBUTED for Conference of November 2, 2012.
Nov 5 2012DISTRIBUTED for Conference of November 9, 2012.
Nov 13 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012Petition DENIED Justice Breyer, with whom Justice Ginsburg and Justice Sotomayor join, dissenting from denial of certiorari. (Detached Opinion)
 
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