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Randall Mathena, Warden v. Lee Boyd Malvo

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-6746, 17-6758 · judgment June 21, 2018

Argued · October 16, 2019
Pre-decision estimate: 10% cert probability (95% interval 6%–17%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a state or local-government petitioner, and a circuit split argued in the petition.

Question presented

In Miller v. Alabama, 567 U.S. 460 (2012), this Court held that "mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on 'cruel and unusual punishments.'" Id. at 465. Four years later, in Montgomery v. Louisiana, 136 S. Ct. 718 (2016), the Court held that "Miller announced a substantive rule of constitutional law" that, under Teague v. Lane, 489 U.S. 288 (1989), must be given "retroactive effect" in cases where direct review was complete when Miller was decided. Montgomery, 136 S. Ct. at 736. The question presented is: Did the Fourth Circuit err in concluding-in direct conflict with Virginia's highest court and other courts-that a decision of this Court (Montgomery) addressing whether a new constitutional rule announced in an earlier decision (Miller) applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question?

Counsel of record

For petitioner
Toby Jay Heytens
Office of the Attorney General

For respondent
Danielle Mary Spinelli
Wilmer Cutler Pickering Hale and Dorr LLP

Case

Conference history
Distributed for 9 conferences

Amicus briefs
1 cert-stage · 12 merits
(5 supporting pet./neither, 7 respondent)

Argument & decision

Argued October 16, 2019 — Toby J. Heytens · Danielle Spinelli. Audio and transcript

Proceedings

  1. Aug 02 2021
    Record returned to U.S.D.C. Eastern District of Virginia (4 boxes).
  2. Feb 26 2020
    Petition Dismissed - Rule 46.
  3. Feb 24 2020
    Stipulation of Dismissal Under Rule 46.1 filed.
  4. Oct 16 2019
    Argued. For petitioner: Toby J. Heytens, Solicitor General, Richmond, Va.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Danielle Spinelli, Washington, D. C.
  5. Sep 19 2019
    Reply of petitioner Randall Mathena filed. (Distributed)
  6. Sep 11 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Aug 28 2019
    Record located on PACER (U.S.D.C. Eastern District of Virginia and U.S.C.A. 4th Circuit). Sealed record received from the District Court (4 boxes).
  8. Aug 27 2019
    Brief amici curiae of Isa Nichols, et al. filed. (Distributed)
  9. Aug 27 2019
    Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed. (Distributed)
  10. Aug 27 2019
    Brief amici curiae of David I. Bruck, et al. filed. (Distributed)
  11. Aug 27 2019
    Brief amici curiae of Former WV Delegate John Ellem, et al. filed. (Distributed)
  12. Aug 27 2019
    Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed)
  13. Aug 27 2019
    Brief amicus curiae of American Bar Association filed. (Distributed)
  14. Aug 27 2019
    Brief amici curiae of Juvenile Law Center, et al. filed. (Distributed)
  15. Aug 20 2019
    Brief of respondent Lee Boyd Malvo filed. (Distributed)
  16. Aug 16 2019
    Record requested from the U.S.C.A. 4th Circuit.
  17. Aug 01 2019
    CIRCULATED
  18. Jul 17 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  19. Jul 01 2019
    SET FOR ARGUMENT on Wednesday, October 16, 2019.
  20. Jun 18 2019
    Brief amici curiae of States of Indiana, Alabama, Arkansas, Florida, Georgia, Idaho, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming filed.
  21. Jun 18 2019
    Brief amicus curiae of United States filed.
  22. Jun 18 2019
    Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
  23. Jun 18 2019
    Brief amicus curiae of Criminal Justice Legal Foundation filed.
  24. Jun 18 2019
    Brief amicus curiae of Maryland Crime Victims' Resource Center, Inc. filed.
  25. Jun 11 2019
    Joint appendix filed. (Statement of costs filed)
  26. Jun 11 2019
    Brief of petitioner Randall Mathena filed.
  27. Apr 03 2019
    Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2019. The time to file respondent's brief on the merits is extended to and including August 20, 2019.
  28. Mar 20 2019
    Motion for an extension of time to file the briefs on the merits filed.
  29. Mar 19 2019
    Blanket Consent filed by Petitioner, Randall Mathena.
  30. Mar 18 2019
    Petition GRANTED.
  31. Mar 11 2019
    DISTRIBUTED for Conference of 3/15/2019.
  32. Feb 25 2019
    DISTRIBUTED for Conference of 3/1/2019.
  33. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  34. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  35. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  36. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  37. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  38. Dec 03 2018
    DISTRIBUTED for Conference of 12/7/2018.
  39. Nov 29 2018
    Rescheduled.
  40. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  41. Oct 30 2018
    Reply of petitioner Randall Mathena filed.
  42. Oct 19 2018
    Brief of respondent Lee Boyd Malvo in opposition filed.
  43. Sep 18 2018
    Brief amicus curiae of Maryland Crime Victims' Resource Center, Inc. filed.
  44. Aug 31 2018
    Motion to extend the time to file a response from September 19, 2018 to October 19, 2018, submitted to The Clerk.
  45. Aug 31 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2018
  46. Aug 16 2018
    Petition for a writ of certiorari filed. (Response due September 19, 2018)