Question Presented (from Petition)
1. Whether an unrecorded conference in chambers is a "hearing or trial," or "proceeding," under Federal Rule of Appellate Procedure 10(c) such that a statement of the conference can be prepared and complete the record on appeal.
2. Whether the Fifth and Eighth Amendments' requirement of individualized sentencing prohibits the government from arguing that a capital defendant is a future danger, and therefore should be executed, based, in substantial part, on rebuttal testimony and evidence about violent acts by other inmates and negligent conduct by prison officials with no connection to the defendant's case.
3. Whether the district court had to answer the deliberating capital jury's note asking, "what is the process if we are not unanimous with our verdict?" and to respond in the defendant's presence.
Question Presented (AI Summary)
Whether an unrecorded conference in chambers is a 'hearing or trial,' or 'proceeding,' under Federal Rule of Appellate Procedure 10(c)
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-03-03
Reply of petitioner Ricky Fackrell filed. (Distributed)
2021-12-29
Motion to extend the time to file a response is granted and the time is further extended to and including February 14, 2022.
2021-12-28
Motion to extend the time to file a response from January 14, 2022 to February 14, 2022, submitted to The Clerk.
2021-12-03
Motion to extend the time to file a response is granted and the time is further extended to and including January 14, 2022.
2021-12-02
Motion to extend the time to file a response from December 17, 2021 to January 14, 2022, submitted to The Clerk.
2021-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021.
2021-11-09
Motion to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
2021-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2021)