Shinn v. Ramirez, No. 20-1009 [Arg: 12.8.2021]
QUESTION PRESENTED:
Whether application of the equitable rule the Supreme Court announced in Martinez v. Ryan renders the Antiterrorism and Effective Death Penalty Act, which precludes a federal court from considering evidence outside the state-court record when reviewing the merits of a claim for habeas relief if a prisoner or his attorney has failed to diligently develop the claim’s factual basis in state court, inapplicable to a federal court’s merits review of a claim for habeas relief.
QUESTION PRESENTED:
Whether application of the equitable rule the Supreme Court announced in Martinez v. Ryan renders the Antiterrorism and Effective Death Penalty Act, which precludes a federal court from considering evidence outside the state-court record when reviewing the merits of a claim for habeas relief if a prisoner or his attorney has failed to diligently develop the claim’s factual basis in state court, inapplicable to a federal court’s merits review of a claim for habeas relief.
Date Proceedings and Orders (key to color coding)
Jan 20 2021 | Petition for a writ of certiorari filed. (Response due February 26, 2021)
Feb 17 2021 | Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
Feb 18 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
Feb 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.
Mar 29 2021 | Brief of respondent David Martinez Ramirez in opposition filed.
Apr 14 2021 | DISTRIBUTED for Conference of 4/30/2021.
Apr 16 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed)
May 10 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | Petition GRANTED.
May 25 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jun 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.
Jun 10 2021 | Blanket Consent filed by Petitioner, David Shinn, et al.
Jun 10 2021 | Blanket Consent filed by Respondent, David Martinez Ramirez
Jul 14 2021 | Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan.
Jul 15 2021 | Brief of petitioners David Shinn, et al. filed.
Jul 15 2021 | Joint appendix filed.
Jul 22 2021 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
Jul 22 2021 | Brief amici curiae of The States of Texas, et al. filed.
Jul 22 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jul 23 2021 | Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 13 2021 | Brief of respondents David Martinez Ramirez & Barry Lee Jones filed.
Sep 20 2021 | Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed)
Sep 20 2021 | Brief amicus curiae of The Innocence Network filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Habeas Scholars filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed)
Sep 20 2021 | Brief amicus curiae of American Bar Association filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21.
Sep 21 2021 | CIRCULATED
Oct 13 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed)
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 22 2021 | REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling.
Oct 26 2021 | ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021
Nov 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.
Whether application of the equitable rule the Supreme Court announced in Martinez v. Ryan renders the Antiterrorism and Effective Death Penalty Act, which precludes a federal court from considering evidence outside the state-court record when reviewing the merits of a claim for habeas relief if a prisoner or his attorney has failed to diligently develop the claim’s factual basis in state court, inapplicable to a federal court’s merits review of a claim for habeas relief.
Date Proceedings and Orders (key to color coding)
Jan 20 2021 | Petition for a writ of certiorari filed. (Response due February 26, 2021)
Feb 17 2021 | Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
Feb 18 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
Feb 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.
Mar 29 2021 | Brief of respondent David Martinez Ramirez in opposition filed.
Apr 14 2021 | DISTRIBUTED for Conference of 4/30/2021.
Apr 16 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed)
May 10 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | Petition GRANTED.
May 25 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jun 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.
Jun 10 2021 | Blanket Consent filed by Petitioner, David Shinn, et al.
Jun 10 2021 | Blanket Consent filed by Respondent, David Martinez Ramirez
Jul 14 2021 | Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan.
Jul 15 2021 | Brief of petitioners David Shinn, et al. filed.
Jul 15 2021 | Joint appendix filed.
Jul 22 2021 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
Jul 22 2021 | Brief amici curiae of The States of Texas, et al. filed.
Jul 22 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jul 23 2021 | Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 13 2021 | Brief of respondents David Martinez Ramirez & Barry Lee Jones filed.
Sep 20 2021 | Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed)
Sep 20 2021 | Brief amicus curiae of The Innocence Network filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Habeas Scholars filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed)
Sep 20 2021 | Brief amicus curiae of American Bar Association filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21.
Sep 21 2021 | CIRCULATED
Oct 13 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed)
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 22 2021 | REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling.
Oct 26 2021 | ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021
Nov 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.
![Shinn v. Ramirez, No. 20-1009 [Arg: 12.8.2021]](https://img.transistor.fm/b5tOKAx3BwOvU-uqmVs74O1HiT3xeGipY4z3Ar5NG4w/rs:fill:800:800:1/q:60/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9lcGlz/b2RlLzY4MDIzNC8x/NjM4NDAxNDA0LWFy/dHdvcmsuanBn.webp)