No. 20-1009
David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry v. David Martinez Ramirez
Tags: aedpa evidentiary-development federal-court-review federal-review habeas-corpus martinez-rule martinez-v-ryan post-conviction-counsel procedural-default
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2022-06-23
(distributed 3 times)
Question Presented (from Petition)
Does application of the equitable rule this Court announced in Martinez v. Ryan render 28 U.S.C. § 2254(e)(2) inapplicable to a federal court's merits review of a claim for habeas relief?
Question Presented (AI Summary)
Whether AEDPA's bar on evidentiary development under 28 U.S.C. § 2254(e)(2) applies to a federal court's merits review of a claim when a court excuses the claim's procedural default under Martinez v. Ryan
Docket Entries
2023-01-12
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)
2022-06-29
JUDGMENT ISSUED
2022-06-27
Motion of respondents to modify opinion issued on May 23, 2022 DENIED.
2022-06-21
Motion DISTRIBUTED for Conference of 6/23/2022.
2022-06-13
Response to motion to modify opinion filed by petitioner.
2022-06-03
Motion to modify opinion filed by respondents.
2022-05-23
Judgment REVERSED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-1009_19m2.pdf'>opinion</a> 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.
2021-12-08
Argued. For petitioner: Brunn W. Roysden, III, Solicitor General, Phoenix, Ariz. For respondents: Robert M. Loeb, Washington, D. C.
2021-11-03
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.
2021-10-26
ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021
2021-10-22
REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling.
2021-10-14
The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
2021-10-13
Reply of petitioners David Shinn, et al. filed. (Distributed)
2021-09-21
CIRCULATED
2021-09-20
Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed)
2021-09-20
Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21.
2021-09-20
Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed)
2021-09-20
Brief amicus curiae of American Bar Association filed. (Distributed)
2021-09-20
Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed)
2021-09-20
Brief amici curiae of Habeas Scholars filed. (Distributed)
2021-09-20
Brief amicus curiae of The Innocence Network filed. (Distributed)
2021-09-20
Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed)
2021-09-20
Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed)
2021-09-13
Brief of respondents David Martinez Ramirez & Barry Lee Jones filed.
2021-09-01
Record requested from the U.S.C.A. 9th Circuit.
2021-08-16
ARGUMENT SET FOR Monday, November 1, 2021.
2021-07-23
Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits.
2021-07-22
Brief amicus curiae of Criminal Justice Legal Foundation filed.
2021-07-22
Brief amici curiae of The States of Texas, et al. filed.
2021-07-22
Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
2021-07-15
Joint appendix filed. (Statement of cost received)
2021-07-15
Brief of petitioners David Shinn, et al. filed.
2021-07-14
Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan.
2021-06-10
Blanket Consent filed by Respondent, David Martinez Ramirez
2021-06-10
Blanket Consent filed by Petitioner, David Shinn, et al.
2021-06-08
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.
2021-05-25
Motion for an extension of time to file the briefs on the merits filed.
2021-05-17
Petition GRANTED.
2021-05-10
DISTRIBUTED for Conference of 5/13/2021.
2021-04-16
Reply of petitioners David Shinn, et al. filed. (Distributed)
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-03-29
Brief of respondent David Martinez Ramirez in opposition filed.
2021-02-26
Brief amici curiae of The States of Texas, Alabama, Arkansas, Florida, Indiana, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oregon, South Carolina, and Utah filed.
2021-02-18
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
2021-02-17
Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
2021-01-20
Petition for a writ of certiorari filed. (Response due February 26, 2021)
Attorneys
American Bar Association
Reginald M. Turner — Amicus
Arizona Capital Representation Project
Bipartisan Former Department of Justice Officials and Former Federal Prosecutors
Aaron Michael Katz — Ropes & Gray LLP, Amicus
Criminal Justice Legal Foundation
David Martinez Ramirez
Timothy M. Gabrielsen — Federal Public Defender's Office, Respondent
David Martinez Ramirez & Barry Lee Jones
Robert Mark Loeb — Orrick, Herrington & Sutcliffe LLP, Respondent
David Shinn, et al.
Brunn Wall Roysden III — Office of the Attorney General, Petitioner
Federal Defender Capital Habeas Units
Paul Alessio Mezzina — King & Spalding, LLP, Amicus
Former State Supreme Court Justices and Former Federal Judges
Jeffrey Ryan Johnson — Jones Day, Amicus
Habeas Scholars
Habeas Scholars Lee Kovarsky, Valena Beety, et al.
Jonathan F. Mitchell and Adam K. Mortara
Robert Bartels and The Arizona Justice Project
Joel W. Nomkin — Perkins Coie LLP, Amicus
The Innocence Network
Collin Partington Wedel — Sidley Austin LLP, Amicus
The States of Texas, et al.