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Tim Shoop, Warden v. Raymond A. Twyford, III

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-3346 · judgment August 26, 2021


Decided · June 21, 2022
Pre-decision estimate: 42% cert probability (95% interval 27%–58%)

Before the decision, about 10.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel with five or more prior petitions here, and a state or local-government petitioner.

Questions presented

  1. 28 U.S.C. §2241(c) allows federal courts to issue a writ of habeas corpus ordering the transportation of a state prisoner only when necessary to bring the inmate into court to testify or for trial. It forbids courts from using the writ of habeas corpus to order a state prisoner's transportation for any other reason. May federal courts evade this prohibition by using the All Writs Act to order the transportation of state prisoners for reasons not enumerated in §2241(c)?

  2. Before a court grants an order allowing a habeas petitioner to develop new evidence, must it determine whether the evidence could aid the petitioner in proving his entitlement to habeas relief, and whether the evidence may permissibly be considered by a habeas court? ORDER OF APRIL 25, 2022: THE MOTION OF RESPONDENT FOR APPOINTMENT OF COUNSEL IS GRANTED, AND MICHAEL J. BENZA, ESQUIRE, OF CHAGRIN FALLS, OHIO, IS APPOINTED TO SERVE AS COUNSEL FOR RESPONDENT IN THIS CASE.

Counsel of record

For petitioner
Benjamin Michael Flowers
Ohio Solicitor General

For respondent
David A. O'Neil
Debevoise & Plimpton LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 6 merits
(2 supporting pet./neither, 4 respondent)

Argument & decision

Argued April 26, 2022 — Benjamin M. Flowers · Nicole F. Reaves · David A. O'Neil. Audio and transcript

Decided June 21, 2022. Opinion by Roberts, C.J..

Proceedings

  1. Jul 25 2022
    JUDGMENT ISSUED
  2. Jun 21 2022
    Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.
  3. Apr 26 2022
    Argued. For petitioner: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: David A. O'Neil, Washington, D. C.
  4. Apr 25 2022
    Motion to appoint counsel filed by respondent GRANTED, and Michael J. Benza, Esq., of Chagrin Falls, Ohio, is appointed to serve as counsel for respondent in this case.
  5. Apr 14 2022
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED IN PART, and the time is allotted as follows: 30 minutes for petitioner, 15 minutes for the Solicitor General, and 25 minutes for respondent.
  6. Apr 06 2022
    Motion to appoint counsel DISTRIBUTED for Conference of 4/22/2022.
  7. Apr 05 2022
    Reply of petitioner Tim Shoop filed. (Distributed)
  8. Apr 04 2022
    Brief amicus curiae of American Bar Association filed. (Distributed)
  9. Apr 04 2022
    Brief amici curiae of Law Professors filed. (Distributed)
  10. Apr 04 2022
    Brief amicus curiae of Massachusetts General Hospital Center for Law, Brain & Behavior filed. (Distributed)
  11. Apr 01 2022
    Brief amici curiae of 18 Former Federal Judges filed. (Distributed)
  12. Mar 28 2022
    Brief of respondent Raymond Twyford filed. (Distributed)
  13. Mar 23 2022
    CIRCULATED
  14. Mar 19 2022
    Motion to appoint counsel filed by respondent Raymond Twyford.
  15. Mar 16 2022
    Record requested from the U.S.C.A. 6th Circuit.
  16. Mar 16 2022
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
  17. Mar 16 2022
    Opposition to motion of the Solicitor General filed by petitioner Tim Shoop.
  18. Mar 16 2022
    The record from the U.S.C.A. 6th Circuit is electronic and located on PACER. Also available are documents that has been electronically filed.
  19. Mar 15 2022
    ARGUMENT SET FOR Tuesday, April 26, 2022.
  20. Mar 07 2022
    Brief amicus curiae of United States in support of neither party filed.
  21. Mar 04 2022
    Brief amici curiae of State of Utah and 20 Other States filed.
  22. Feb 25 2022
    Brief of petitioner Tim Shoop filed.
  23. Feb 22 2022
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  24. Jan 21 2022
    Joint motion to dispense with printing the joint appendix filed.
  25. Jan 14 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  26. Jan 14 2022
    Petition GRANTED.
  27. Jan 10 2022
    DISTRIBUTED for Conference of 1/14/2022.
  28. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  29. Dec 08 2021
    Reply of petitioner Tim Shoop, Warden filed.
  30. Dec 08 2021
    Waiver of the 14-day waiting period under 15.5 filed.
  31. Dec 06 2021
    Brief of respondent Raymond Twyford in opposition filed.
  32. Dec 06 2021
    Motion for leave to proceed in forma pauperis filed by respondent Raymond Twyford.
  33. Nov 05 2021
    Brief amici curiae of Utah and 14 Other States filed.
  34. Oct 28 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2021.
  35. Oct 27 2021
    Motion to extend the time to file a response from November 5, 2021 to December 6, 2021, submitted to The Clerk.
  36. Oct 04 2021
    Petition for a writ of certiorari filed. (Response due November 5, 2021)