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.

Ryan v. James

Docket No. Op. Below Argument Opinion Vote Author Term
12-11 9th Cir. Not Argued Mar 18, 2013 TBD TBD OT 12

Issue: Whether the Ninth Circuit’s panel opinion conflicts with the Anti-Terrorism and Effective Death Penalty Act (AEDPA) and this Court's decisions in Harrington v. Richter, and Cullen v. Pinholster insofar as it (a) treated AEDPA’s deferential standard as a waivable defense, rather than an inherent restriction on a federal court’s authority, (b) refused to find that the state post-conviction (PCR) court issued a merits ruling on respondent’s ineffective-assistance-of-counsel claim, when the state court expressly ruled that none of respondent’s PCR claims were colorable, and (c) considered evidence presented for the first time in federal court to grant habeas relief.

Judgment: Vacated and remanded on March 18, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
May 22 2012Application (11A1119) to extend the time to file a petition for a writ of certiorari from May 29, 2012 to June 28, 2012, submitted to Justice Kennedy.
May 25 2012Response to application from respondent Steven Craig James filed.
May 25 2012Application (11A1119) granted by Justice Kennedy extending the time to file until June 28, 2012.
Jun 28 2012Petition for a writ of certiorari filed. (Response due August 2, 2012)
Jun 28 2012Appendix of Charles L. Ryan, Director, Arizona Department of Corrections filed.
Jul 17 2012Order extending time to file response to petition to and including September 13, 2012.
Sep 10 2012Brief of respondent Steven Craig James in opposition filed.
Sep 25 2012Reply of petitioner Charles L. Ryan, Director, Arizona Department of Corrections filed. (Distributed)
Sep 26 2012DISTRIBUTED for Conference of October 12, 2012.
Feb 20 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013DISTRIBUTED for Conference of March 1, 2013.
Mar 4 2013DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Johnson v. Williams, 568 U. S. ___ (2013).
Apr 19 2013JUDGMENT ISSUED.
May 1 2013Motion to retax costs filed by respondent Steven Craig James.
May 14 2013Motion DISTRIBUTED for Conference of May 30, 2013.
Jun 3 2013Motion to retax costs filed by respondent GRANTED.
Jun 3 2013Revised JUDGMENT ISSUED.
 
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